Berkeley City Council
November 28, 2023

7 is responsible for causing the presence or suspected presence of Hazardous Materials in violation of Hazardous Materials Laws. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to cause any damage to the Premises or the Property whatsoever and in strict accordance with all applicable Laws.

9.5. Liens. Tenant shall promptly pay and discharge all claims for labor performed, supplies furnished and services rendered at the request of Tenant and shall keep the Premises and Property and all portions thereof free of all mechanics' and materialmen's liens in connection therewith. Tenant shall provide at least ten (10) business days' prior written notice to Landlord before any labor is performed, supplies furnished or services rendered on or at the Premises and Landlord shall have the right to post on the Premises notices of non-responsibility. If any lien is filed, Tenant shall cause such lien to be released and removed within twenty (20) days after the date of filing, and if Tenant fails to do so, Landlord may take such action as may be necessary to remove such lien, without the duty to investigate the validity of it, and Tenant shall pay Landlord such amounts expended by Landlord together with interest thereon, at the Applicable Interest Rate, from the date of expenditure.

9.6. Bonds. Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, lien, performance, and payment completion bonds in an amount equal to one and one-half times the estimated cost of any alterations, additions, or improvements to insure Landlord, the Premises and the Property against any liability for mechanic's and materialmen's liens, and to ensure completion of the work and payment of any contractors or subcontractors.

10. USE; JOINT POSSESSION; INSPECTION; QUIET ENJOYMENT.

10.1. Usage. The Premises shall be used only for the permitted uses set forth in Section 5 of the Basic Lease Information and for no other purpose without the prior written consent of Landlord. Tenant acknowledges that, except as expressly set forth in this Lease, neither Landlord nor any of Landlord's agents has made any representation or warranty with regard to the Premises, any Tenant Improvements, or the Property with respect to their suitability for the conduct of Tenant's business. Tenant, at Tenant's expense, shall comply with all applicable Hazardous Materials Laws, statutes, laws, codes, rules, orders, zoning, ordinances, directions, regulations, regulations, permits, or other requirements of federal, state, county, municipal, or other governmental authorities having jurisdiction, now in force or which may hereafter be in force (individually "Law" and collectively "Laws"), which shall impose any duty upon Landlord or Tenant with respect to the use, occupancy, or alteration of the Premises; provided, however, if the Hazardous Materials was pre-existing prior to the Commencement Date, then Landlord, at its sole cost and expense, shall remedy such condition to comply with all Laws, and further provided that Tenant shall not be required under this Lease to remedy any such condition to the extent it is caused by Lifelong. Tenant shall be responsible for obtaining any permit or license required by any governmental agency permitting Tenant's use of the Premises.

10.2. Joint Possession of and Operations on the Premises. Landlord and Tenant acknowledge and agree that, Landlord shall enter into a separate lease for the Premises with Lifelong to run concurrently with this Lease. Landlord and Tenant further acknowledge and agree that concurrently with the execution of this Lease, Tenant, and Lifelong will enter into a joint operating agreement ("JOA") under which Lifelong will occupy the Premises between the

8 hours of 8:00 a.m. and 5:30 p.m. Monday through Friday, and Tenant will occupy the Premises on weekends and during the weekday hours not devoted to Lifelong's use. It is understood that Lifelong shall be required under the JOA to operate in a manner consistent with the terms of this Lease. The JOA, as it may be revised or amended from time to time, shall be subordinate to the terms of this Lease. The parties agree their usage of the Premises space shall comply with any and all applicable requirements under the Health Insurance Portability and Accountability Act and other legal and health care regulatory requirements. In the event that the lease between Landlord and Lifelong terminates or expires, then Tenant shall have exclusive possession of the Premises twenty-four (24) hours a day, seven (7) days a week with no reduction in the Maintenance Fee. Upon the termination of expiration of the lease between Landlord and Lifelong, the JOA shall be automatically terminated.

10.3. Inspection. Landlord, or its representative or contractor, may enter the Premises by prior appointment with at least two business days’ written notice between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday, holidays excepted, to determine that (i) the Premises is being reasonably cared for, (ii) no waste is being made and that all actions affecting the Premises are done in the manner best calculated to preserve the Premises, and (iii) Tenant is in compliance with the terms and conditions of this lease.

10.4. Quiet Enjoyment. Tenant may not commit, or suffer to be committed, any waste upon the Premises, or any nuisance or other act or thing that may disturb the quiet enjoyment of any other occupant of the Building. For so long as Tenant is in compliance with the material terms of this Lease, Landlord shall warrant and defend Tenant in the quiet enjoyment and possession of the Premises during the Term. Tenant acknowledges and agrees that possession or use of the Premises by Lifelong in a manner consistent with the terms of any JOA pursuant to Section 10.2 and any applicable laws shall not constitute a violation of this Section 10.4.

11. ENVIRONMENTAL MATTERS.

11.1. Hazardous Materials Defined. As used in this lease, the term "Hazardous Materials" refers to any and all pollutants, wastes, flammables, explosives, radioactive materials, hazardous, biohazardous, or toxic materials, hazardous, biohazardous, or toxic wastes, hazardous, biohazardous, or toxic substances, carcinogenic materials or contaminants, and all other materials governed, monitored, or regulated by any Federal, State or local law or regulation, including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act, the Hazardous Substances Account Act, and/or the Resources Conservation and Recovery Act.

11.2. Warranty; Hold Harmless. Landlord warrants that Landlord has no knowledge of the presence of any Hazardous Materials or other contamination in or under the Premises or Property in violation of any laws, codes, rules, orders, ordinances, directives, regulations, permits, or other requirements of federal, state, county, municipal or governmental authorities having jurisdiction, now in force or which may hereafter be in force concerning the management, use, generation, storage, transportation, presence, discharge or disposal of Hazardous Materials.

Landlord shall defend, save, protect and hold Tenant harmless from any loss arising out of the presence of any Hazardous Materials on the Property that was not brought to the Property by or

9 at the request of Tenant, its agents, contractors, invitees or employees. Landlord acknowledges and agrees that Tenant has no obligation to clean up or remediate, or contribute to the cost of clean-up or remediation, of any Hazardous Materials unless such Hazardous Materials are released, discharged or spilled on or about the Property by Tenant or any of its agents, employees, contractors, invitees or other representatives. The obligations of this Section shall survive the expiration or earlier termination of this Lease.

12. DAMAGE AND DESTRUCTION .

12.1. Perilous Condition. If, during the Term, Landlord's Director of Public Works becomes aware of a perilous condition on the Premises that, in his or her opinion, substantially and significantly threatens the health and safety of Tenant's employees or invitees (a "Perilous Condition"), the Director of Public Works, or his or her designee, will immediately notify Tenant of such Perilous Condition, and Tenant shall use best efforts to promptly eliminate the Perilous Condition. Tenant shall immediately address any condition reasonably constituting an emergency, whether Tenant learns of the condition through Landlord or otherwise. If Tenant fails to address a Perilous Condition within thirty six (36) hours after Landlord's notice or to immediately address an emergency situation, Landlord may attempt to resolve the Perilous Condition or emergency situation. Subject to repair and maintenance obligations set forth in Section 8, Tenant shall reimburse Landlord for any costs incurred by Landlord in addressing the Perilous Condition or emergency situation promptly upon receipt of any Landlord's invoice for such costs.

12.2. Insured Casualty. If, during the Term, the Premises are totally or partially destroyed or utility services are cut off from any cause rendering the Premises totally or partially inaccessible or unusable (the "Casualty"), and if the restoration can be made under then existing Laws and can be completed within one hundred twenty (120) days after obtaining all necessary permits therefor and if the costs of such restoration are compensable by Landlord's insurance (an "Insured Casualty"), then Landlord shall restore the Premises (excluding Tenant's Property and any Tenant Improvements) to substantially the same condition as they were in immediately before destruction. If the existing Laws do not permit the restoration or if the costs of such restoration are not compensable by Landlord's insurance, either party may terminate this Lease by giving ninety (90) days' prior written notice to the other party. In case of Insured Casualty, there shall be an abatement or reduction of Maintenance Fees owed to Landlord, between the date of Insured Casualty and the date of completion of restoration if restoration takes place, or the earliest allowed date of termination if restoration does not take place and whether or not the Lease is terminated, based on the proportion to which the destruction renders the Premises unusable by Tenant for the ordinary conduct of business.

12.3. Tenant's Fault. If the Premises, the Property, or any portion thereof, are damaged resulting from the negligence or breach of this Lease by Tenant or any of its agents, employees, contractors, invitees or other representatives and Tenant fails to cure such damage within a reasonable amount of time following written notice from Landlord, Maintenance Fees owed to Landlord shall not be reduced during the repair of such damage, Tenant shall have no right to terminate this Lease as provided in Section 12.1, and Tenant shall be liable to Landlord for the cost of the repair caused thereby to the extent such cost is not covered by insurance proceeds.

10 12.4. Repair Limitation. Notwithstanding anything in this Lease to the contrary, Landlord shall not be required to repair any injury or damage, by fire or other cause, to Tenant's Property or any Tenant Improvements, if any, or to rebuild, repair or replace any decorations, alterations, partitions, fixtures, trade fixtures, additions or other improvements installed on the Premises by or for Tenant, unless and to the extent Landlord has received insurance proceeds from Tenant's property insurance as provided in Section 6.2 above, and neither Tenant or Landlord has opted to terminate this Lease as provided in Section 12.1.

12.5. Waiver. The provisions of this Lease contain an express agreement between Landlord and Tenant that applies in the event of any Casualty. Tenant fully waives the provisions of any statute or regulation, including California Civil Code sections 1932(2) and 1933(4) (as amended from time to time, and successor statutes thereto) for any rights or obligations concerning a Casualty.

13. EMINENT DOMAIN.

13.1. Effect on Rights and Obligations. If the whole or any substantial part of the Premises, or if the Property or any portion thereof which would leave the remainder of the Property unsuitable for the Permitted Uses, or if the land on which the Property is located or any material portion thereof, shall be taken or condemned for any public or quasi public use under governmental law, ordinance or regulation, or by right of eminent domain, or by private purchase in lieu thereof (each a "Taking"), then Landlord may, at its option, terminate this Lease and Maintenance Fees shall be abated during the unexpired portion of this Lease, effective when the physical taking of said Premises or said portion of the Property or land shall occur. However, if Landlord does not, in its sole discretion, opt to terminate this Lease in accordance with this Section 13, then this Lease shall remain in effect. Landlord shall maintain or terminate the leases of all other tenants in the Property who are similarly situated to Tenant consistent with its option with regard to Tenant. Notwithstanding the foregoing, if the whole of the Premises is subject to the Taking, or if the portion of the Premises not affected by the Taking is not in Tenant's business judgment reasonably suitable for Tenant's continued occupancy, Tenant may terminate this Lease as of the date of the Taking and be relieved of all obligations thereafter accruing under this Lease. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving written notice to Landlord within 30 days after the Taking, as of the date of termination, which date shall not be earlier than 30 days nor later than 90 days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the date of Taking if the date of Taking falls on a date before the date of termination as designated by Tenant. If Tenant does not terminate this Lease within the 30-day period, this Lease shall continue in full force and effect, except that the Maintenance Fees owed to Landlord thereafter to be paid shall be reduced on a pro-rata basis. Tenant shall notify Landlord in writing of any condemnation or threatened condemnation within ten (10) days after Tenant receives notice of said action or threatened action. Where only a portion of the Premises is subject to a Taking and neither Landlord nor Tenant terminates this Lease, Landlord shall promptly restore the remainder of the Premises into an architectural whole and functional condition and the Maintenance Fees for any portion of the Premises subject to (or rendered unusable by) the Taking shall be abated during the unexpired Term effective when the physical taking of said portion of the Premises shall occur. Provided that Landlord complies with the preceding sentence, the Taking shall not be

11 construed to constitute an actual or constructive eviction of Tenant or a breach of any express or implied covenant of quiet enjoyment.

13.2. Award. In connection with any condemnation, Landlord shall be entitled to receive all compensation and anything of value awarded, paid, or received in settlement or otherwise ("Award") and Tenant hereby irrevocably assigns and transfers to Landlord all rights to and interests in the Award and fully waives, releases, and relinquishes any claim to, right to make a claim on, or interest in the Award, including any amount attributable to any excess of the market value of the Premises for the remainder of the Term over the present value as of the termination date of the Rent payable for the remainder of the Term (commonly referred to as the "bonus value" of the Lease). Notwithstanding the foregoing, any portions of such award or proceeds which are specifically allocated by the condemning or purchasing party for the taking of or damage to trade fixtures of Tenant and moving and relocation costs shall be reserved specifically for Tenant.

14. DEFAULT.

14.1. Events of Default. The occurrence of any of the following events shall, at Landlord's option, constitute an "Event of Default:"

14.1.1 As to Tenant: (i) Tenant's failure to pay Maintenance Fees within ten business days after receipt of a written notice of such failure from Landlord to Tenant; (ii) Tenant's failure to comply with any other material term or provision of this Lease if such failure is not remedied within thirty (30) days after receipt of a written notice specifying the nature of the breach in reasonably sufficient detail; provided, however, if such default cannot reasonably be remedied within such thirty day period, then a default will not be deemed to occur until the occurrence of Tenant's failure to comply within the period of time that may be reasonably required to remedy the default, up to an aggregate of ninety days (90), provided Tenant commences curing such default within thirty (30) days and thereafter diligently proceeds to cure such default.

14.1.2 As to Landlord: Landlord's failure to perform any obligation under this Lease if such failure is not remedied within thirty (30) days after receipt of a written notice from Tenant to Landlord specifying the nature of the breach in reasonably sufficient detail; provided, however, if such breach cannot reasonably be remedied within such thirty (30) day period, then a default will not be deemed to occur until the occurrence of Landlord's failure to perform within the period of time that may be reasonably required to remedy the breach, up to an aggregate of ninety (90) days, provided Landlord commences curing such breach within thirty (30) days and thereafter diligently proceeds to cure such breach. Notwithstanding the foregoing, if Landlord's failure to perform any obligation under this Lease renders the Premises wholly or partially unusable by Tenant for the ordinary conduct of business for more than two (2) consecutive business days, then Landlord shall remedy such failure within five (5) business days after receiving written notice from Tenant to Landlord and Tenant shall be entitled to an abatement of Maintenance Fees owed to Landlord, to be prorated on the basis of a 30-day month, for the number of days such failure is not remedied after Landlord receives written notice from Tenant.

For the avoidance of doubt, the abatement of rent provided for under this Section shall not be Tenant’s sole remedy for Landlord’s failure to perform Lease obligations.

12 14.2. Remedies.

14.2.1 Termination. In the event of the occurrence of any Event of Default, Landlord shall have the right to give a written termination notice to Tenant and, on the date specified in such notice (which date shall be at least three (3) business days following the date of delivery of such notice), this Lease shall terminate unless on or before such date all arrears of Rent and all other sums payable by Tenant under this Lease and all costs and expenses incurred by or on behalf of Landlord hereunder shall have been paid by Tenant and all other Events of Default at the time existing shall have been fully remedied to the satisfaction of Landlord.

A. Repossession. Following termination, without prejudice to other remedies Landlord may have, Landlord may (i) peaceably re-enter the Premises upon voluntary surrender by Tenant, or remove Tenant therefrom and any other persons occupying the Premises following reasonable written notice, using such legal proceedings as may be available; (ii) repossess the Premises or relet the Premises or any part thereof for such term (which may be for a term extending beyond the Term), at such rental and upon such other terms and conditions as Landlord in Landlord's sole discretion shall determine, with the right to make reasonable alterations and repairs to the Premises; and (iii) remove all personal property therefrom.

14.3. Cumulative. Each right and remedy of Landlord provided for herein or now or hereafter existing at Law or in equity, by statute or otherwise shall be cumulative and shall not preclude Landlord from exercising any other rights or remedies provided for in this Lease or now or hereafter existing at Law or in equity, by statute or otherwise. No payment by Tenant of a lesser amount than the Maintenance Fees nor any endorsement on any check or letter accompanying any check or payment of Maintenance Fees shall be deemed an accord and satisfaction of full payment thereof; and Landlord may accept such payment without prejudice to Landlord's right to recover the balance of such Maintenance Fees or to pursue other remedies.

15. ASSIGNMENT AND SUBLETTING.

15.1. Landlord's Consent. Tenant shall not assign, sublet or otherwise transfer, whether voluntarily or involuntarily or by operation of Law, this Lease, the Premises or any part thereof, without Landlord's prior written approval, which approval shall not be unreasonably withheld, conditioned, or delayed. Upon the assignment of the Lease by Tenant, the Tenant will have no further obligation under the Lease.

15.2. Joint Possession not a Sublease. Landlord and Tenant acknowledge and agree that the JOA shall not constitute a sublease or assignment under this Section 15.

16. NON-DISCRIMINATION AGAINST PERSONS WITH DISABILITIES

16.1. If Tenant provides any aid, service or benefit to others on the City's behalf, Tenant shall, in the provision of such aid, service or benefit, observe and comply with all applicable provisions of Title II of the Americans with Disabilities Act of 1990 and any amendments thereto. Tenant shall further observe and comply with all applicable federal, state, municipal and local laws, Ordinances, codes and regulations prohibiting discrimination against

13 individuals with disabilities or ensuring that individuals with disabilities are not excluded from participating in or receiving benefits, services or activities of the City.

16.2. If Tenant is or becomes a "public accommodation" as defined in Title III of the Americans with Disabilities Act of 1990, Tenant shall observe and comply with all applicable provisions of the Act and any amendments thereto, and all applicable federal, state, municipal and local laws, Ordinances, codes and regulations prohibiting discrimination on the basis of disability in the full and equal enjoyment of goods, services, facilities, privileges, advantages, or accommodations offered by the Tenant. All Tenant's activities must be in accordance with these laws, Ordinances, codes, and regulations, and Tenant shall be solely responsible for complying therewith.

17. CITY NON-DISCRIMINATION ORDINANCE

17.1. Tenant agrees to comply with the provisions of Berkeley Municipal Code Chapter

13.26 as amended from time to time. In the performance of this lease, the Tenant agrees as follows:

17.1.1 The Tenant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, national origin, age (over 40), sex, pregnancy, marital status, disability, sexual orientation or AIDS.

17.1.2 The Tenant shall permit the Landlord access to records of employment advertisements, application forms, EEO-1 forms, affirmative action plans and any other documents which, in the opinion of the Landlord, are necessary to monitor compliance with this non-discrimination provision, and will, in addition, fill-out in a timely fashion, forms supplied by the Landlord to monitor these non-discrimination provisions.

18. NUCLEAR FREE BERKELEY

18.1. Tenant agrees to comply with Berkeley Municipal Code Chapter 12.90, the Nuclear Free Berkeley Act, as amended from time to time.

19. OPPRESSIVE STATES

19.1. In accordance with Resolution No. 59,853-N.S., Tenant certifies that it has no contractual relations with, and agrees during the term of this Lease to forego contractual relations to provide personal services to or to purchase, sell, lease or distribute commodities in the conduct of business with, the following entities:
(1) The governing regime in any Oppressive State.
(2) Any business or corporation organized under the authority of the governing regime of any Oppressive State.

14 (3) Any individual, firm, partnership, corporation, association, or any other commercial organization, and including parent-entities and wholly-owned subsidiaries (to the extent that their operations are related to the purpose of its contract with the City), for the express purpose of assisting in business operations or trading with any public or private entity located in any Oppressive State

19.2. For purposes of this lease, the Tibet Autonomous Region and the provinces of Ado, Kham, and U-Tsang shall be deemed oppressive states.

19.3. Tenant’s failure to comply with this section following thirty (30) days’ written notice from Landlord shall constitute a default of this lease and Landlord may terminate this lease pursuant to Section 14. In the event that the City terminates this lease due to a default under this provision, City may deem Tenant a non-responsible bidder for five (5) years from the date this lease is terminated.

20. BERKELEY LIVING WAGE ORDINANCE

20.1. Tenant agrees to comply with Berkeley Municipal Code Chapter 13.27, the Berkeley Living Wage Ordinance. If Tenant employs six (6) or more part-time, full-time or stipend employees, and generates $350,000 or more in annual gross receipts, Tenant will be required to provide all eligible employees with City mandated minimum compensation during the term of this lease, as defined in B.M.C. Chapter 13.27, and well as comply with the terms enumerated herein.

20.2. Tenant shall be required to maintain all reasonable records and documents that would establish whether Tenant is subject to Berkeley's Living Wage Ordinance (LWO). If Tenant is subject to the LWO, as defined therein, Tenant shall be further required to maintain monthly records of those employees located on the leased Premises. These records shall include the total number of hours worked, the number of hours spent providing service on the leased property, the hourly rate paid, and the amount paid by Tenant for health benefits, if any, for each of its employees providing services under the lease. The records described in this Section shall be made available upon the City's request. The failure to produce these records upon demand shall be considered an Event of Default. The City shall (i) handle such records and documents in accordance with any and all applicable requirements under the Health Insurance Portability and Accountability Act and other legal and health care regulatory requirements and (ii) not disclose Tenant’s Confidential Information, except as expressly permitted in this Lease or otherwise required by law.

The term “Confidential Information” shall include non-public information about the Tenant’s business or activities that is proprietary and/or confidential, including, without limitation, all business, financial, technical, and other information of a party marked or designated as “confidential” (or some similar designation) or that, by its nature or the circumstances surrounding its disclosure, should reasonably be regarded as confidential. Landlord hereby agrees to (i) use the Confidential Information of the Tenant solely for the purpose of performing its obligations under this Agreement; (ii) hold the Tenant’s Confidential Information in strict confidence, and; (iii) not disclose such Confidential Information or any part thereof, to any person, except those officers, employees, agents or professional advisors (or those of its

15 Affiliates) with a strict “need to know” in order for the Landlord to perform its obligations hereunder, provided that such officers, employees, agents or professional advisors shall prior to any disclosure, have agreed by signed writing or otherwise to be bound by confidentiality obligations no less strict than those described herein. Confidential Information shall not include (i) any information already rightfully in the public domain at the time of its disclosure or subsequently released into the public domain by the Tenant; (ii) any information already rightfully in the possession of the Landlord at the time of its disclosure by the Tenant without an obligation to maintain its confidentiality; (iii) any information that is independently developed by the Landlord without use of or reference to any Confidential Information of the Tenant, in either case such fact being proven through documentary evidence; (iv) information obtained by the Landlord from a third Party not in breach of any confidentiality obligations to the Tenant (v) information required to be disclosed by law, a court order or competent government authority, provided that in such case the Landlord shall, to the extent permitted by law, promptly inform the Tenant of such requirement of disclosure such that the Tenant has an opportunity to object to the production or disclosure by seeking a protective order.

Landlord acknowledges that the Tenant considers its Confidential Information to contain confidential, proprietary, trade secret information of the Tenant and that any unauthorized use or disclosure of such information would cause the Tenant irreparable harm for which its remedies at law would be inadequate. Accordingly, Landlord acknowledges and agrees that the Tenant will be entitled in addition to any other remedies available to it at law or in equity, to seek the issuance of injunctive relief, enjoin any breach or threatened breach of the Landlord’s obligations hereunder with respect to the Confidential Information of the Tenant, in addition to such further injunctive relief as any court of competent jurisdiction may deem just and proper.

20.3. If Tenant is subject to the LWO, Tenant shall include the requirements of the Ordinance, as defined in B.M.C. Chapter 13.27, in any and all subleases in which Tenant enters with regard to the subject Premises. Subtenants shall be required to comply with this Ordinance with regard to any employees who spend 25% or more of their compensated time on the Premises.

20.4. If Tenant fails to comply with the requirements of this the LWO and this Lease, the City shall have the rights and remedies described in this Section 20, in addition to any rights and remedies provided by law or equity.

20.5. Tenant's failure to comply with this Section 20 shall constitute an Event of Default. In addition, at City's sole discretion, Tenant may be responsible for liquidated damages in the amount of $50 per employee per day for each and every instance of an underpayment to an employee. It is mutually understood and agreed that Tenant's failure to pay any of its eligible employees at least the applicable living wage rate will result in damages being sustained by the City; that the nature and amount of the damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damage for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty of forfeiture for Tenant's breach.

21. BERKELEY EQUAL BENEFITS ORDINANCE

16 21.1. Tenant hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance, B.M.C. Chapter 13.29. If Tenant is currently subject to the Berkeley Equal Benefits Ordinance, Tenant will be required to provide all eligible employees with City mandated equal benefits during the term of this lease, as defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated herein.

21.2. If Tenant is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Tenant agrees to supply the City with any records the City deems necessary to determine compliance with this provision. Failure to do so shall be a considered an Event of Default. The City shall (i) handle such records in accordance with any and all applicable requirements under the Health Insurance Portability and Accountability Act and other legal and health care regulatory requirements and (ii) not disclose Tenant’s Confidential Information, except as expressly permitted in this Lease or required by law.

21.3. If Tenant fails to comply with the requirements of this Section 21, City shall have the rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity.

21.4. Tenant’s failure to comply with this Section 21 shall constitute an Event of Default. In addition, at City’s sole discretion, Tenant may be responsible for liquidated damages in the amount of $50.00 per employee per day for each and every instance of violation of this Section 21. It is mutually understood and agreed that Tenant’s failure to provide its employees with equal benefits will result in damages being sustained by City; that the nature and amount of these damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damages for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty or forfeiture for Tenant’s breach.

22. SANCTUARY CITY CONTRACTING ORDINANCE

22.1. Tenant hereby agrees to comply with the provisions of the Sanctuary City Contracting Ordinance, B.M.C. Chapter 13.105. In accordance with this Chapter, Tenant agrees not to provide the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security with any Data Broker or Extreme Vetting Services as defined herein:
a. “Data Broker” means either of the following:

1. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;

2. The aggregation of data that was collected for another purpose from that for which it is ultimately used.

17 b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services. Extreme Vetting does not include:

1. The City’s computer-network health and performance tools;

2. Cybersecurity capabilities, technologies and systems used by the City of Berkeley Department of Information Technology to predict, monitor for, prevent, and protect technology infrastructure and systems owned and operated by the City of Berkeley from potential cybersecurity events and cyber-forensic based investigations and prosecutions of illegal computer- based activity.

23. CONFLICT OF INTEREST PROHIBITED

23.1. In accordance with California Government Code Section 1090, Berkeley City Charter Section 36 and B.M.C. Chapter 3.64, neither Tenant nor any employee, officer, director, partner or member of Tenant, or immediate family member of any of the preceding, shall have served as an elected officer, an employee, or a committee or commission member of Landlord, who has directly or indirectly influenced the making of this Lease.

23.2. In accordance with California Government Code Section 1090 and the Political Reform Act, (Government Code Section 87100 et seq.,) no person who is a director, officer, partner, trustee, employee or consultant of Tenant, or immediate family member of any of the preceding, shall make or participate in a decision made by Landlord or any of its boards, commissions or committees, if it is reasonably foreseeable that the decision will have a material effect on any source of income, investment or interest in real property of that person or Tenant, except to the extent permitted by 2 California Code of Regulations, Section 18700(c)(2).

23.3. Interpretation of this paragraph shall be governed by the definitions and provisions use in the Political Reform Act, Government Code section 87100 et seq., its implementing regulations, manuals and codes, Government Code section 1090, Berkeley City Charter section 36 and B.M.C. Chapter 3.64, as amended from time to time.

24. MISCELLANEOUS.

24.1. General.

24.1.1 Integration. This Lease, together with all exhibits and attachments hereto, the separate lease between Landlord and Lifelong, and the JOA, set forth all the agreements between Landlord and Tenant concerning the Property and the Premises, and there are no agreements either oral or written other than as set forth therein.

24.1.2 Time of Essence. Time is of the essence of this Lease.

24.1.3 Attorneys' Fees. If any action is commenced which arises out of or related to this Lease, the prevailing party shall be entitled to recover from the other party such sums as the court may adjudge to be reasonable attorneys' fees, expert fees, and expenses in the

18 action, in addition to costs and expenses otherwise allowed by Law. In all other situations, including any matter arising out of or relating to any bankruptcy or other voluntary or involuntary proceeding, in or out of court, for the adjustment of debtor-creditor relationships, Tenant agrees to pay all of Landlord's costs and expenses, including attorneys' fees and expert fees, which may be incurred in enforcing or protecting Landlord's rights or interests.

24.1.4 Severability. If any provision of this Lease or the application of any such provision shall be held by a court of competent jurisdiction to be invalid, void or unenforceable to any extent, the remaining provisions of this Lease and the application thereof shall remain in full force and effect and shall not be affected, impaired or invalidated.

24.1.5 Law. This Lease shall be construed and enforced in accordance with the Laws of the State of California, without reference to its choice of law provisions.

24.1.6 Interpretation. The titles to the sections of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part of this Lease. As used in this Lease, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word "including" shall be construed as if followed by the words "without limitation." This Lease shall be interpreted as though prepared jointly by both parties.

24.1.7 No Option. Submission of this Lease to Tenant for examination or negotiation does not constitute an option to lease, offer to lease or a reservation of, or option for, the Premises; and this Lease shall become effective and binding only upon the execution and delivery hereof by Landlord and Tenant.

24.1.8 Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the successors and assigns of Landlord and, subject to compliance with the terms of Section 15, Tenant.

24.1.9 Third Party Beneficiaries. Nothing herein is intended to create any third party benefit.

24.1.10 No Agency, Partnership or Joint Venture. Nothing contained herein nor any acts of the parties hereto shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture by the parties hereto or any relationship other than the relationship of landlord and tenant.

24.1.11 Merger. The voluntary or other surrender of this Lease by Tenant or a mutual cancellation thereof or a termination by Landlord shall not work a merger and shall, at the option of Landlord, terminate all or any existing subtenancies or may, at the option of Landlord, operate as an assignment to Landlord of any or all of such subtenancies.

24.2. Business License. Tenant certifies that it has obtained or applied for a City of Berkeley business license number as required by Berkeley Municipal Code Chapter 9.04; or Tenant claims that it is exempt from the provisions of B.M.C. Ch. 9.04 and has written below the specific B.M.C. section under which it is exempt.

19 24.3. Fixtures and Signs. Tenant may (i) make any lawful and proper minor alterations to the Premises; (ii) attach fixtures and interior signs in and on the Premises; and attach signage on the exterior of Building ("Tenant Fixtures"). Any signs referring to the name of the Premises shall include the term "Ann Chandler" consistent with the requirements of Section 1.3. Any Tenant Fixtures will remain the property of Tenant and may be removed from the Premises by Tenant at any time during the Term. All alterations and Tenant Fixtures are subject to Landlord's approval, which shall not be unreasonably withheld, conditioned, or delayed, and must comply with existing code requirements. All Tenant Fixtures shall be at Tenant's sole cost and expense.

Installations and removals of Tenant Fixtures shall be made in such manner as to avoid injury or defacement of the Premises, and Tenant shall repair any injury or defacement, including discoloration caused by such installation or removal. All signs on the Premises shall conform to the provisions of Berkeley Municipal Code Chapter 20.04. Tenant shall be responsible for all fees, costs and expenses associated with installation and removal of Tenant Fixtures. In the event any such fees, costs or expenses are incurred by Landlord (whether directly or indirectly), Landlord shall deliver to Tenant an invoice, with reasonable supporting documentation, and Tenant shall reimburse Landlord for those amounts within thirty (30) days after receipt of such invoice.

24.4. Pesticides. All use of pesticides on the Premises shall be in compliance with the City of Berkeley's Pesticide Use Policy as it exists at the time of such use.

24.5. Prior Possession. Prior to the Commencement Date, Tenant has the right to (i) undertake Tenant Improvements, and (ii) store supplies and equipment in the Premises.

24.6. Waiver. No waiver of any default or breach hereunder shall be implied from any omission to take action on account thereof, notwithstanding any custom and practice or course of dealing. No waiver by either party of any provision under this Lease shall be effective unless in writing and signed by such party. No waiver shall affect any default other than the default specified in the waiver and then such waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant shall not be construed as a waiver of any subsequent breach of the same.

24.7. Limitation of Liability. Whenever Landlord transfers its interest, Landlord shall be automatically released from further performance under this Lease and from all further liabilities and expenses hereunder and the transferee of Landlord's interest shall assume all liabilities and obligations of Landlord hereunder from the date of such transfer.

24.8. Notices. All notices to be given hereunder shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or delivered by personal or courier delivery, or sent by facsimile (immediately followed by one of the preceding methods), to Landlord's address and Tenant's address set forth in Sections 1 and 2 of the Basic Lease Information, or to such other place as Landlord or Tenant may designate in a written notice given to the other party. Notices shall be deemed served upon the earlier of receipt or three (3) days after the date of mailing.

24.9. Brokerage Commission. Landlord and Tenant each represents that they have not been represented by any broker in connection with this Lease, and that no real estate broker's

20 commission, finder's fee or other compensation (individually and collectively, "Commission") is due or payable. Tenant agrees to indemnify and hold harmless Landlord from any claims or liability, including reasonable attorneys' fees, in connection with a claim by any person for a Commission based upon any statement, representation or agreement of Tenant.

24.10. Authorization. Each individual or entity executing this Lease on behalf of Tenant represents and warrants that he or she or it is duly authorized to execute and deliver this Lease on behalf of Tenant and that such execution is binding upon Tenant.

24.11. Holding Over. If, with Landlord's express written consent, Tenant holds over the Premises or any part thereof after expiration or earlier termination of the Term, such holding over shall constitute a month-to-month tenancy on all the other terms and conditions of this Lease, except that any obligations resulting from any JOA shall only hold over to the extent the JOA is still in effect. This section shall not be construed as Landlord's permission for Tenant to hold over. Acceptance of Maintenance Fees by Landlord following expiration or termination shall not constitute a renewal of this Lease or extension of the Initial Term or the Renewal Term, as the case may be, except as specifically set forth above. If Tenant remains in possession of the Premises after expiration or other termination of this Lease without Landlord's express written consent, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay Maintenance Fees of two thousand dollars ($2,000) per month. If Tenant fails to surrender the Premises upon expiration or other termination of this Lease, Tenant shall indemnify and hold Landlord harmless from and against all loss or liability resulting from or arising out of Tenant's failure to surrender the Premises, including, but not limited to, any amounts required to be paid to any tenant or prospective tenant who was to have occupied the Premises after the expiration or other termination of this Lease and any related attorneys' fees and brokerage commissions.

24.12. Surrender. Upon the expiration or other termination of this Lease or Tenant's right to possession of the Premises, Tenant shall peaceably and quietly leave and surrender to Landlord the Premises, along with appurtenances and fixtures at the Premises (except Tenant Fixtures), all in good condition, ordinary wear and tear, damage by casualty, condemnation, acts of God, and Landlord's failure to make repairs required of Landlord excepted.

24.13. Joint and Several. If Tenant consists of more than one person, the obligation of all such persons shall be joint and several.

24.14. Covenants and Conditions. Each provision to be performed by Tenant or Landlord hereunder shall be deemed to be both a covenant and a condition.

24.15. Intentionally Omitted.

24.16. Accessibility; Disability Laws. To Landlord's actual knowledge, the Premises have not undergone an inspection by a Certified Access Specialist. "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject

21 premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises. " Since compliance with the ADA and other federal and state disability laws (collectively, "Disability Laws") is dependent upon Tenant's specific use of the Premises, Landlord makes no warranty or representation as to whether or not the Premises comply with Disability Laws, except as otherwise expressly provided in this Lease. In the event that Tenant's specific and particular use of the Premises, as distinguished from uses generally associated with those permitted under Section 5, requires modifications or additions to the Premises in order to be in compliance with Disability Laws, Landlord agrees to make any such necessary modifications and/or additions at Tenant's sole cost and expense.

24.17. OFAC Compliance. Tenant represents and warrants to Landlord that Tenant is not a party with whom Landlord is prohibited from doing business pursuant to the regulations of the Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury, including those parties named on OFAC’s Specially Designated Nationals and Blocked Persons List. Tenant is currently in compliance with, and shall at all times during the term of this Lease remain in compliance with, the regulations of OFAC and any other governmental requirement relating thereto. In the event of any violation of this section, Landlord shall be entitled to immediately terminate this Lease and take such other actions as are permitted or required to be taken under law or in equity. TENANT SHALL DEFEND, INDEMNIFY AND HOLD

HARMLESS LANDLORD FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES,

LOSSES, RISKS, LIABILITIES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND

COSTS) INCURRED BY LANDLORD ARISING FROM OR RELATED TO ANY BREACH OF THE FOREGOING CERTIFICATIONS. These indemnity obligations shall survive the expiration or earlier termination of this Lease.
[SIGNATURES FOLLOW ON NEXT PAGE]

22 IN WITNESS WHEREOF, the parties have executed this Lease as of the Effective Date.

TENANT:

BERKELEY COMMUNITY HEALTH

PROJECT DBA BERKELEY FREE CLINIC,
a non-profit corporation
By:

Print Name:

Its:

By:

Print Name:

Its:
--AND--
LANDLORD:

CITY OF BERKELEY, a California Charter City
By:

Print Name: Dee Williams-Ridley
Its: City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

Exhibit
A-1
EXHIBIT A-1
Legal Description of Property
APN: 56-1066-1
All those certain lots, pieces or parcels of land situate, lying and being in the City of Berkeley, County of Alameda, State of California, described as follows:

Beginning at the point of intersection of the Southern line of University Avenue with the Eastern line of 6th Street, as said Avenue and Street are shown on the Map hereinafter referred to; running thence Easterly along said line of University Avenue One Hundred and Forty-Seven feet; thence at right angles Southerly One Hundred feet; thence at right angles Westerly One Hundred Forty-Seven feet to the point of intersection thereof with said Eastern line of 6th Street; thence Northerly along said line of 6th Street One Hundred feet to the point of beginning.

Being all of Lots Numbered 1, 2, 3, and the Western Three feet of Lot Numbered 4, in Block Numbered 96, as said Lots and Block are delineated and so designated upon that certain Map entitled, “Map of the Sisterna Tract, Berkeley” – filed May 15, 1880 in Liber 7 of Maps, at page 43, in the office of the County Recorder of Alameda County.

2

Exhibit
A-2
EXHIBIT A-2
Depiction of Premises

Exhibit
B

EXHIBIT B
May 20, 2022 Building Inspection Report by E. A. Davidovits & Co., Inc

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Exhibit A2

Tony Ng, Director of Facilities Management June 3, 2022 Shad Klein, Project Manager, New Initiatives
Lifelong Medical Care
PO Box 11247
Berkeley, CA 94712
Re. ROM Pricing Estimate
830 University Ave.

Berkeley, CA 94712
Gentlemen,
Please see the following ROM Pricing Estimate based upon the Building Inspection performed.

This ROM is intended as a Preliminary Estimate and should not be considered final pricing.

This is based upon the visual inspection of the property and historical pricing estimates. EA Davidovits reserves the right to modify the scope of work and pricing should additional information become available in the future. ROM makes several assumptions pertaining to the building structure, condition and capacities that may not have been able to be concluded during the brief site visit process.

This ROM is not intended to present guarantees or assurances. In order to confirm pricing, additional inspections, plans, details and review would need to be performed. Thank you for the opportunity to submit this Preliminary ROM estimate.
• Structural Report Follow Up. Includes removal of wall finishes at one location to assess substrate construction and condition. Includes replacement of sheetrock, finished to match existing, and paint touch up. Does not include structural reinforcement if necessary. ROM estimate also includes 24 additional man hours of minor (non structural) crack repair and associated touch up paint. ROM does not include waterproofing or leak repair as further evaluation is necessary.

Estimated Cost: $ 7,850.
• Roof. ROM Estimated pricing below
o General Maintenance of Roof System Estimated Cost: $ 14,500. o Stucco Repair Estimated Cost: $ 5,250.
o Gutter Repair Estimated Cost: To Be Determined
o Replacement of Flat Roofs (if deemed necessary) Estimated Cost: $ 65,000. • Plumbing. Per plumbing inspection, general condition of plumbing components is good. No major improvements are recommended without first considering future usage and plans. • Electric. No electrical improvements were recommended as a result of the electrical inspection. • Termite treatment for the control of subterranean termites. Includes soil treatment at foundation Estimated Cost: $ 6,500.

Daniel May, EA Davidovits & Co.

Exhibit B1

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Exhibit B2

Exhibit B2

Exhibit B2

Exhibit B2

Exhibit B2

Exhibit B2

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Exhibit B2

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
November 28, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jennifer Louis, Chief of Police
Subject: Contract No. 32300062 Amendment: Moreland Investigations for Applicant Background Investigations

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32300062 with Moreland Investigations, to extend the existing capacity to perform background investigation services and amend the current contract from $50,000 to $200,000 from November 3, 2022, through November 2, 2027.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the contract amendment with Moreland Investigations is currently included in the FY 2024 Police Department General Fund budget.

CURRENT SITUATION AND ITS EFFECTS
As part of the Employer of Choice Initiative, the police department has an ongoing commitment to create efficiencies in their hiring processes. The background investigation step is one identified component of the process where the capacity of current investigatory resources has created a bottleneck. In what is the most challenging and competitive labor market that current staff have ever experienced, maintaining the capacity of investigators is an essential step in moving applicants through the process efficiently from application to job offer.

The police department is in a continuous recruitment cycle and needs continuing investigative support, which Moreland Investigations already provides. Thus, a request was made to waive the competitive procurement process, which was approved by the General Services Manager and the City Manager.

BACKGROUND
The number of internal police officers available for this assignment has been drastically reduced over the past three years due to staffing challenges related to recruitment and retention. The police department has relied on more vendors to provide this service. At the same time, recent successes from the newly formed Recruitment and Retention Team have placed more applicants in the process. The time from application to job offer

Contract No. 32300062 Amendment: Moreland Investigations CONSENT CALENDAR November 28, 2023

has been delayed by the availability of investigators – which can result in the applicant accepting employment elsewhere.

Moreland Investigations is currently providing background investigations to the police department. They were selected based on their qualifications, expertise, and reliable background investigations, ensuring the integrity and security of the City’s hiring processes. We have been pleased with the turnaround time of the investigations, and we would like to seamlessly continue utilizing their services before the remaining funds run out.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There were no identified environmental impacts.

RATIONALE FOR RECOMMENDATION
Background investigations are a legally required component of the recruitment and selection process for many classifications of public safety personnel. Conducting comprehensive and thorough background checks is crucial to maintaining the safety and integrity of our organization and our interactions in the community.

ALTERNATIVE ACTIONS CONSIDERED
Not extending the current contract and, therefore, reducing the current level of background investigator capacity would negatively impact hiring and employee morale.

CONTACT PERSON
Jennifer Louis, Police Chief, (510) 981-5700
Attachments:
1: Resolution

RESOLUTION NO. ##,###-N.S
CONTRACT NO. 32300062 AMENDMENT: MORELAND INVESTIGATIONS FOR

APPLICANT BACKGROUND INVESTIGATIONS

WHEREAS, background investigations are an essential component of the recruitment and selection process for many classifications of public safety personnel and

WHEREAS, conducting comprehensive and thorough background checks is crucial to maintaining the safety and integrity of our organization and our interactions in the community, and

WHEREAS, as part of the Employer of Choice Initiative, the police department has an ongoing commitment to create efficiencies in their hiring processes and

WHEREAS, the background investigation step is one identified component of the hiring process where the capacity of current investigatory resources has created a bottleneck, and

WHEREAS, in what is the most challenging and competitive labor market that current staff have ever experienced, maintaining the availability of contracted investigators is an essential step in moving applicants through the process efficiently from application to job offer and

WHEREAS, thus a request was made to waive the competitive procurement process, which was approved by the General Services Manager and the City Manager.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 32300062 with MORELAND INVESTIGATIONS to extend the existing capacity to perform background investigation services from $50,000 to an amount not to exceed $200,000 from November 3, 2022, through November 2, 2027.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
November 28, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jennifer Louis, Chief of Police
Subject: Contract No. 32200152 Amendment: Cindy K. Hull & Associates Forensic Consulting Services, LLC

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 32200152 and any necessary future amendments with Cindy K. Hull & Associates Forensic Consulting Services, LLC for the Police Department, increasing the contract amount by $150,000 for a total not to exceed the amount of $200,000 with the contract end date of October 1, 2026.

FISCAL IMPACTS OF RECOMMENDATION
Approval of the recommendation would support an ongoing operational expense required for solving criminal cases in a timely manner. The funding for this contract is allocated from the State Proposition 172 Fund (budget code 126-71-702-805-0000-000- 421-612990).

CURRENT SITUATION AND ITS EFFECTS
The Berkeley Police Department currently contracts with Cindy K. Hull & Associates Forensic Consulting Services, LLC for latent examination services. It can be difficult to estimate the dollar amount required annually as it can change significantly from year to year depending on the cases submitted for examination. The Department will exceed the current $50,000 contract limits set when this contract was amended in 2022. This increase will allow the Department to continue to examine latent fingerprints for criminal investigations. This enables the potential identification of a suspect based on fingerprints recovered at a crime scene and may result in the suspect being arrested and charged faster.

Due to the unpredictable nature of the contract usage, the department has expended nearly $24,000 since the 2022 amendment and has only $6,000 remaining of the $50,000 contract. In order to continue processing fingerprint evidence to substantiate charges against suspects, the department is requesting this contract amendment.

Contract No. 32200152 Amendment: Cindy K. Hull & Associates, LLC CONSENT CALENDAR November 28, 2023

BACKGROUND
In 2021, the Department entered into a services contract with CK Hull & Associates to obtain latent fingerprint examination services. CK Hull & Associates was added when the California Department of Justice, Automated Latent Print Section was unable to keep up with the caseload from the Berkeley Police Department. CK Hull & Associates (Cindy K. Hull) is a certified latent print examiner with the International Association for Identification, the Coordinator of the Northern California Forensic Study group, an active member of the California Association of Criminalists, currently serves on the American Academy of Forensic Science Services Standard Board (ASB)- Friction Ridge Consensus Board Member, served as an elective member of the executive board of the California State Division of the International Association for Identification for more than nine years, and President from 2014-2015. CK Hull & Associates is located in Martinez, CA and provides forensic consulting, latent examination, comparison, and expert courtroom testimony.

Prior to our partnership with CK Hull & Associates, the Department utilized the California Department of Justice Automated Latent Print Section DOJ/ALPS for latent fingerprint casework. The Department of Justice is responsible for numerous police agencies throughout the state. They currently carry a backlog of 1-2 years, with Berkeley Police Department latent casework still pending from the year 2021.

CK Hull & Associates provides latent fingerprint examination, comparison, and expert courtroom testimony services for the Berkeley Police Department. Latent fingerprint analysis is a critical step in the development of potential responsible parties and the identification/exclusion of these individuals associated with criminal cases. It is vital that the Berkeley Police Department have latent fingerprints recovered from crime scenes analyzed in an expeditious manner. The standard turnaround time for CK Hull & Associates is 5-14 days with expedited services available on request.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
CK Hull & Associates provides digital submission forms reducing the amount of paper required to forward and process requests. The Department of Justice Automated Latent Print Section is located in Sacramento, CA. The close proximity of Martinez, CA reduces vehicles on the road and greenhouse gas emissions.

Contract No. 32200152 Amendment: Cindy K. Hull & Associates, LLC CONSENT CALENDAR November 28, 2023

RATIONALE FOR RECOMMENDATION
The cost associated with latent fingerprint examination is an operational expense for which the Berkeley Police Department is currently responsible. This service provides pertinent information to suspect identification that is invaluable to the safety of all members of the Berkeley community. An amendment to increase funds for this contract will allow the Department to continue to meet the latent fingerprint examination requirements of its investigations.

CONTACT PERSON
Jennifer Louis, Chief of Police, 981-5700
Attachment:

1. Resolution

RESOLUTION NO. ##,###-N.S.

CONTRACT NO. 32200152 AMENDMENT: CK HULL & ASSOCAITES FORENSIC

CONSULTING SERVICES, LLC
WHEREAS, the Berkeley Police Department is responsible for the investigation of criminal cases in the City of Berkeley; and
WHEREAS, the closure of criminal investigations will bring relief to the families of the victims and reduce fear in the community; and
WHEREAS, the use of latent fingerprint examination is essential to solving crimes; and WHEREAS, the Berkeley Police Department primarily enlists the services of Cindy K. Hull & Associates for the timely examination of latent fingerprints; and WHEREAS, it is essential to have a Latent Print Examiner certified with the International Association for Identification in order to ensure the consistent examination and evaluation of latent fingerprint evidence; and
WHEREAS, the Berkeley Police Department has identified latent fingerprint examination services as an operational expense for which the Department is responsible, funds from the State Proposition 172 Fund will be the primary source of funding; and NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that, the City Manager is authorized to execute the contract and any amendments with Cindy K.

Hull & Associates Forensic Consulting Services, LLC to provide latent fingerprint examination and evaluation services for an additional $150,000 for an amount not to exceed $200,000, subject to the City’s annual budget appropriation process.

Office of the Mayor
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7199 E-Mail: [email protected]

CONSENT CALENDAR
November 28, 2023
To: Honorable Members of the City Council
From: Mayor Jesse Arreguín
Subject: Appoint Tracy Matthews to the Berkeley Housing Authority Board

RECOMMENDATION
Adopt a Resolution appointing Tracy Matthews to serve as a Tenant Commissioner on the Berkeley Housing Authority Board of Commissioners for a two-year term.

BACKGROUND
On May 22, 2007, the Berkeley City Council established a Berkeley Housing Authority (BHA) Board of Commissioners. State law mandates BHA commissioners, including successors be appointed by the Mayor and confirmed by the City Council.

There is currently one vacancy on the seven-member Berkeley Housing Authority Board.

Pursuant to California’s Health and Safety Code Section 34272, the Mayor nominates Tracy Matthews to fill the vacancy for a four-year term on the BHA Board.

Ms. Matthews describes herself as a Human Services Professional having made a career in this field, including program management and conflict resolution. She has spent nearly the past fifteen years working for the Alameda County Social Services Agency. Under her current position, she manages clients through programs to assist in transitioning people from public assistance to self-sufficiency. In this role, she has made many connections with organizations and departments involved in issues and policy that overlap with the work done at the BHA. Additionally, she has previous experience working for the City of Berkeley in several departments, including Health and Human Services and the Berkeley Housing Authority. She is also a Section 8 program tenant. Her experience and understanding of issues prevalent to the BHA makes her an ideal candidate to serve on the BHA Board.

FINANCIAL IMPLICATIONS
None

ENVIRONMENTAL SUSTAINABILITY
There are no identifiable environmental effects or opportunities associated with adopting this recommendation.

CONTACT PERSON

Appointment of Ayanna Davis to the BHA Board CONSENT CALENDAR November 28, 2023

Mayor Jesse Arreguín 510-981-7100
Attachments:
1: Resolution
2: Resume of Tracy Matthews

RESOLUTION NO. ##,###-N.S.

APPOINTING TRACY MATTHEWS AS A COMMISSIONER ON THE BERKELEY

HOUSING AUTHORITY BOARD OF COMISSIONERS
WHEREAS, the Council of the City of Berkeley, as the governing body of the City of Berkeley, declared itself to the Commissioners of the Berkeley Housing Authority (BHA) and appointed two tenant Commissioners pursuant to Health and Safety Code Section 34290; and
WHEREAS, on May 22, 2007 the Mayor appointed and the City Council by a majority vote confirmed the appointment of 5 Commissioners and 2 tenant Commissioners to the BHA Board pursuant to Health and Safety Code Section 34270; and WHEREAS, there is currently one vacant Commissioner seat that needs to be filled; and WHEREAS, the Mayor has nominated Tracy Matthews, a Berkeley resident who describes herself as a Human Services Professional, with extensive experience in program management and conflict resolution; and
WHEREAS, Matthews has spent nearly the past fifteen years working for the Alameda County Social Services Agency where she manages clients through programs to assist in transitioning people from public assistance to self-sufficiency; and WHEREAS, Matthews has made many connections with organizations and departments involved in issues and policy that overlap with the work done at the BHA, and has previous experience working for the City of Berkeley in several departments, including Health and Human Services and the Berkeley Housing Authority; and
WHEREAS, Matthews is also a Section 8 tenant and brings the perspective of tenants to the Board; and
WHEREAS, Matthews’ experience and understanding of issues prevalent to the BHA makes her an ideal candidate to serve on the BHA Board.

NOW THEREFORE, BE IT RESOLVED by the Mayor of the City of Berkeley Tracy Matthews is appointed to serve as a Tenant Commissioner on the Berkeley Housing Authority Board; and
BE IT FURTHER RESOLVED by the Council of the City of Berkeley that it supports the Mayor’s determination regarding the qualifications of Tracy Matthews and hereby confirms the Mayor’s appointment; and

[Title of Report] CONSENT CALENDAR
November 28, 2023

BE IT FURTHER AND FINALLY RESOLVED by the Mayor of the City of Berkeley that, pursuant to Health and Safety Code Section 34272(a), Tracy Matthews is appointed to serve as a Tenant Commissioner for a two-year term.

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager 1 CONSENT CALENDAR
November 28, 2023
TO: Honorable Members of the City Council
FROM: Mayor Jesse Arreguín, Councilmember Kate Harrison SUBJECT: Civic Arts Referral for Memorial Wall to Councilmember Dona Spring and Budget Referral for Civic Arts Staffing

RECOMMENDATION
Refer to the Fiscal Year 2024/2025 Budget Process $162,000 from the General Fund and allocate one additional FTE for staffing for Civics Arts and refer to the Civic Arts Commission to commission a Memorial Wall to Dona Spring at the Animal Shelter.

BACKGROUND
In November 2008, the Berkeley City Council adopted a resolution renaming the City’s new animal shelter after Councilmember Dona Spring, who passed away in July 2008.

While the Berkeley Animal Shelter opened in 2013, the effort to install a permanent memorial to Councilmember Dona Spring has stalled for the past decade. This budget referral seeks to reinvigorate this initiative and fund the process of installing a memorial art wall.

From the November 18, 2008, Council report “Naming the New Animal Shelter in honor of Councilmember Dona Spring”1:

Councilmember Dona Spring was instrumental in highlighting animal welfare problems in Berkeley and was central in solving them. She urged the council to make animal research organizations operating in Berkeley accountable for the humane treatment of animals. She was one of the people in Berkeley that demanded a new concept of an animal shelter to be led by an experienced civilian 1 Naming the New Animal Shelter in honor of Councilmember Dona Spring (Berkeley City Council, November 18, 2008) [PDF]

Civic Arts Referral for Memorial Wall to Councilmember Dona Spring CONSENT CALENDAR and Budget Referral for Civic Arts Staffing November 28, 2023 1 in animal welfare. She championed the council decision to create the new position of volunteer coordinator in the shelter that oversees the loads of volunteers who come to the animal shelter to socialize pets and make them much more adoptable.

She fought for new Berkeley laws affecting animal welfare, such as the spay and neuter of animals and providing money for animal rescue groups, that reduced the number of homeless animals in Berkeley. She demanded that Berkeley's adoptable animals not be euthanized, which led to a change in the way homeless animals are treated.

Civic Arts staff currently have 20 active public arts projects and a backlog of 14 public art projects (see Civic Arts Commission FY24 Work Plan 2). At current staffing levels, the Civic Arts Program has the capacity to implement 10-15 art projects per year. While additional projects are approved every year, the Civic Arts Program operates with a perpetual backlog. This budget referral seeks to fund an additional 1 FTE to Civic Arts staff to help address the current backlog and implement this referral to the Civic Arts Commission.

FINANCIAL IMPLICATIONS
$162,000 from the General Fund for one additional FTE Civic Arts staff.

Funding for the Memorial Wall, if approved, to be included in a future annual Civic Arts plan.

CONTACT
Mayor Jesse Arreguín 510-981-7100
2 Civic Arts Commission FY 24 Work Plan, approved July 19, 2023 (pgs. 32-33) [PDF]

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager Office of the Mayor

CONSENT CALENDAR
November 28, 2023
To: Honorable Members of the City Council
From: Mayor Jesse Arreguin
Subject: Accept grant funding of $75,000 from San Francisco Foundation and amend Contract No. 32200161 with Creative Development Partners to extend consulting work associated with Equitable Black Berkeley Initiative.

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to receive $75,000 of grant funds from the San Francisco Foundation (SFF) (see Attachment #2) for project support for the Equitable Black Berkeley (EBB) initiative and execute an amendment to Contract No. 32200161 with Creative Development Partners (CDP) to add $75,000 to the existing ideation facilitator contract supporting the EBB for a total contact amount not to exceed $200,000 and extending the contract term to September 30, 2024.

FISCAL IMPACTS OF RECOMMENDATION
The grant funds will be deposited and expensed from the One-Time Grant: No Capital Expenses Fund and will be appropriated in the First Amendment to the FY 2023/2024 Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
On November 30, 2021, the City Council approved a $50,000 grant from the San Francisco Foundation (SFF) grant to support a six-month process to ideate increasing affordable housing at the North Berkeley and Ashby BART stations. On November 29, 2022 City Council accepted a grant of $75,000 from SFF and on January 17 th, 2023, the City Council approved extending the contract to CDP. SFF increased the grant funding by an additional $75,000 on November 1, 2023 to continue the work of the part time consultant in creating a plan, in collaboration with the community and multiple partners, to secure the funding needed to meet the project goals of maximizing affordable housing at and around the Ashby and North Berkeley BART sites within a reparative framework.

In addition, the consultant will assist the City in outreach with Berkeley Flea Market vendors and community members, regarding resources to support the Berkeley Flea Market currently and plans for its relocation at a new Adeline Plaza as part of the new transit oriented development at Ashby Station.

BACKGROUND
Equitable Black Berkeley is an innovative, replicable model to support equity, opportunity and the well-being of Berkeley’s Black community. It will underpin policies to repair harm, create financing vehicles to sustain community investment and ensure Black families

Accept Grant Funding from San Francisco Foundation and
Amend contract with Creative Development Partners to CONSENT CALENDAR Continue consulting services for Equitable Black Berkeley Initiative November 28, 2024 have a right to stay, right to return, and right to own/build equity. EBB will help alleviate the housing crisis and create the conditions for the South Berkeley community to thrive.

The San Francisco Foundation grant will continue to provide support to the City in developing additional strategies for increasing financial support for greater affordability levels for the BART projects and engaging the black community in developing a reparative framework that will address economic harms and provide the support infrastructure to provide repair.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Would support Climate Action goals by providing more affordable housing along transit corridors.

RATIONALE FOR RECOMMENDATION
Increasing affordability levels for new housing developments and addressing inequities for communities of color are expressed City values and council direction. This contract extension supports the efforts to increase affordability in previously redlined areas in a reparative framework.

CONTACT PERSON
Mayor Jesse Arreguin, 510-981-7100
Attachments:

1. Resolution

2. Grant confirmation letter

RESOLUTION NO. XX,XXX N.S.

AUTHORIZING A CONTRACT EXTENSION WITH CREATIVE DEVELOPMENT

PARTNERS (CDP) TO SUPPORT THE EQUITABLE BLACK BERKELEY INITIATIVE AND

ACCEPTING A GRANT FROM THE SAN FRANCISCO FOUNDATION
WHEREAS, On November 30, 2021, the Berkeley City Council voted to receive a grant from the San Francisco Foundation to support a consultant to assist the Equitable Black Berkeley Initiative (EBB) in a six-month process to ideate financing alternatives to increase the level of affordable housing at the North Berkeley and Ashby BART stations within a reparative framework; and
WHEREAS, on November 29, 2022, City Council approved accepting a grant award of $75,000 from the San Francisco Foundation to renew the existing contract with Creative Development Partners supporting the Equitable Black Berkeley Initiative; and WHEREAS, on January 17, 2023 City Council approved amending Contract No. 32200161 with Creative Development Partners to extend consulting work associated with Equitable Black Berkeley Initiative; and
WHEREAS, on November 1, 2023 the San Francisco Foundation provided an additional grant of $75,000 for the period of October 1, 2023 through September 30, 2024 to the City of Berkeley to support the consultant assisting the Equitable Black Berkeley Initiative.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley authorizes the City Manager to receive $75,000 of grant funds from the San Francisco Foundation for project support for the Equitable Black Berkeley (EBB) initiative and to extend Contract #32200161 with Creative Development Partners in support of the Equitable Black Berkeley Initiative, adding an additional $75,000 to the contract for a total contact amount not to exceed $200,000 and extending the contract term to September 30, 2024.

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7120 ● TDD: (510) 981-6903 ● Fax: (510) 644-1174 E-Mail: [email protected]

CONSENT CALENDAR
November 28, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Taplin, Councilmember Harrison (co-sponsor) Subject: Designating Open Space Adjacent to the Ninth St Greenway between Heinz Ave and the Berkeley-Emeryville border as a Linear City Park Pursuant to BMC 6.42

RECOMMENDATION
Adopt a resolution designating open space adjacent to the Ninth St Greenway between Heinz Ave and the Berkeley-Emeryville border (Folger Ave) as linear City park space and formally dedicate this site for permanent recreational use pursuant to Berkeley Municipal Code 6.42.

CURRENT SITUATION AND RATIONALE FOR RECOMMENDATION
Parks and open space are critical for the quality of life of Berkeley residents and visitors.

Measure L, the Berkeley Public Parks and Open Space Preservation Ordinance, adopted by the City of Berkeley in 1986 and codified as Berkeley Municipal Code (BMC) Section

6.42, designates “census tracts containing less than the master plan provision of two acres of parks and open space per one thousand population shall be singled out as having a high priority for funding the acquisition, development and maintenance of parks and recreational facilities.” The Berkeley City Council recently designated open space adjacent to Old City Hall as a linear park under this provision (see Attachment 3 and Attachment 4).

While Census Tract 4220, comprising Berkeley’s western edge, may technically meet this threshold, a significant portion of West Berkeley’s open space at Aquatic Park and the Marina is literally underwater, with increasing risk of sea level rise due to anthropogenic climate change. The California State Lands Commission reports: “Access to the Berkeley Marina via University Avenue will [be] periodically disrupted during 100-year storm events by 2030 and flooding will increase in frequency near the end of the century.”1 Moreover, the neighborhood’s population is quickly increasing, as this Census Tract has become the fastest-growing in Berkeley2, with a new Specific Area Plan for San Pablo Avenue currently in progress.3 The Ninth St Greenway offers a unique opportunity to 1 California State Lands Commission. (2021). Modified AB691 Assessment – City of Berkeley. https://slcprdwordpressstorage.blob.core.windows.net/wordpressdata/2022/08/ab691-summary-berkeley.pdf 2 Markovich, A. (2022). A changing Berkeley: 6 maps show how the past decade has remade the city. Berkeleyside.

Retrieved Oct. 31, 2023 from https://www.berkeleyside.org/2022/07/17/berkeley-population-demographics-housing- census-2020-maps
3 Berkeley City Manager. (2023). Update on San Pablo Avenue Specific Planning Efforts. https://berkeleyca.gov/sites/default/files/documents/2023-09-

Designating Open Space Adjacent to the Ninth St Greenway as a Linear City Park Pursuant to BMC 6.42

CONSENT CALENDAR
November 28, 2023
expand and beautify specifically pedestrian-friendly and ADA accessible open space in West Berkeley.

Pursuant to BMC 6.42, this item would contribute approximately an additional 0.46 acres of Parks and Open space for use by residents and visitors.

BACKGROUND
The Ninth Street Greenway was recently renovated with a new traffic signal at Ashby Avenue, following the City of Berkeley’s Bicycle Plan (2017)4 and Pedestrian Plan (2020).5 Recent and planned improvements to the Ohlone Greenway have also advanced these policy goals. However, the open space adjacent to the Ninth Street Greenway does not currently enjoy the status of a City park, which would confer additional maintenance and protection benefits under Measure L (1986). The landscaping and open space is already maintained by the Public Works Department and neighborhood volunteers. 01%20Update%20on%20San%20Pablo%20Avenue%20Specific%20Planning%20Efforts%20- %20Off%20Agenda%20Memo.pdf
4 Berkeley Bicycle Plan. (2017). https://berkeleyca.gov/your-government/our-work/adopted-plans/berkeley-bicycle- plan
5 City of Berkeley Pedestrian Plan. (2020). https://berkeleyca.gov/sites/default/files/2022-01/2020-Pedestrian- Plan.pdf

Designating Open Space Adjacent to the Ninth St Greenway as a Linear City Park Pursuant to BMC 6.42

CONSENT CALENDAR
November 28, 2023
Berkeley’s Open Space and Recreational Element of the General Plan, adopted April 3, 2002, promulgates three goals that are consistent with this item:6  preserving, maintaining, and repairing the city’s existing open space and recreational resources and facilities;
 expanding open space and recreational resources to meet the evolving open space and recreational needs of all segments of this community through land acquisitions and improvements;
 increasing funding for parkland, recreational facilities, and open space maintenance, improvement, and expansion.

In the West Berkeley Plan, adopted in 1993, Mitigation 1 to Transportation Impact 4 in the Environmental Impact Report states that the City of Berkeley “will review and incorporate the need for new and/or improved bikeways, sidewalks, pedestrian ways, and pedestrian and bicycle signage in its review of projects and its capital improvement planning.”
More recently, the 2017 Bicycle Plan designates Ninth Street as a Class 3E Bicycle Boulevard and the Ninth Street Greenway as a Class 1A Paved Path.

FISCAL IMPACTS OF RECOMMENDATION
Staff time and signage. This area is already owned and maintained by the City of Berkeley, so the fiscal impacts of designating approximately 0.46 acres of open space an official park would likely be marginal.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACT
The City of Berkeley’s Climate Action Plan, first adopted in 2009, includes the following Policy under Sustainable Transportation & Land Use Goal #2, “Increase and enhance urban green and open space, including local food production, to improve the health and quality of life for residents, protect biodiversity, conserve natural resources, and foster walking and cycling”:

Promote tree planting, landscaping, and the creation of green and open space that is safe and attractive and that helps to restore natural processes A healthy urban forest has several benefits, including:
 Reducing the energy consumption associated with air conditioning buildings by providing shade
6 City of Berkeley General Plan: Open Space and Recreation Element. (2002). https://berkeleyca.gov/sites/default/files/documents/08_Open%20Space%20and%20Recreation%20Element- FINAL.pdf

Designating Open Space Adjacent to the Ninth St Greenway as a Linear City Park Pursuant to BMC 6.42

CONSENT CALENDAR
November 28, 2023
 Reducing local ambient temperatures by shading paved and dark colored surfaces like streets and parking lots that absorb and store energy rather than reflecting it
 Intercepting and storing rainwater, thereby reducing water runoff volume  Improving community quality of life through beautification and by reducing noise pollution and encouraging pedestrian traffic
Trees also provide a GHG reduction benefit through a process called carbon sequestration. A single mature tree can absorb as much as 48 lbs. of carbon dioxide per year. Estimates are that between 660 and 990 million tons of carbon is stored in urban forests nationally.

The Policy also calls for the City to: “Establish standards and guidelines to ensure that ecologically beneficial stormwater quality and retention features and water conservation features are integrated into the design of landscaping features on both public and private land.”

CONTACT PERSON
Councilmember Taplin, District 2, (510) 981-7120

ATTACHMENTS

1. Resolution

2. Berkeley City Council Consent Calendar. (Kesarwani, 2019). Designating Berkeley’s portion of Ohlone Greenway and the West Street Bike Path as linear City parks.

3. Berkeley City Council 2023-09-12 Annotated Agenda

4. Designating Open Space Adjacent to and in Front of Old Berkeley City Hall as a Linear City Park Pursuant to BMC 6.42 (Harrison, 2023)

RESOLUTION ##,###-N.S.

DESIGNATING THE CITY OF BERKELEY-OWNED OPEN SPACE ADJACENT TO

THE NINTH STREET GREENWAY AS A PUBLIC PARK
WHEREAS, in Berkeley’s Open Space and Recreational Element of the General Plan, adopted April 3rd, 2002, the objectives are stated as:
 preserving, maintaining, and repairing the city’s existing open space and recreational resources and facilities;
 expanding open space and recreational resources to meet the evolving open space and recreational needs of all segments of this community through land acquisitions and improvements;
 increasing funding for parkland, recreational facilities, and open space maintenance, improvement, and expansion; and
WHEREAS, Measure L, the Berkeley Public Parks and Open Space Preservation Ordinance adopted by the City of Berkeley in 1986 and codified in Berkeley Municipal Code 6.42, defines a Public Park as “City of Berkeley parks, public school playgrounds or lands held in trust by a public entity, which have been formally dedicated to permanent recreational use by the City of Berkeley, and funded for recreational use by City of Berkeley public funds”; and
WHEREAS, the above goals and ordinances establish the protection of open space and the establishment of public parks as an important City priority; and WHEREAS, the open space and land adjacent to the Ninth Street Greenway is already being used and maintained as open space in a manner analogous to the Ohlone Greenway;
NOW THERFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Berkeley-owned open space and land adjacent to the Ninth Street Greenway designated as an official part of City park land and infrastructure.

1 Rashi Kesarwani
Councilmember District 1

CONSENT CALENDAR
07/23/2019
To: Honorable Mayor and Members of the City Council
From: Councilmember Rashi Kesarwani
Subject: Designating Berkeley’s portion of Ohlone Greenway and the West Street Bike Path as linear City parks.

RECOMMENDATION
Adopt a resolution designating the Berkeley-owned portions of the West Street Bike Path and the Ohlone Greenway as linear City parks and formally dedicate these sites for permanent recreational use.

The City-owned portion of the West Street Bike Path begins adjacent to the basketball courts at Virginia Gardens and travels southward ending at Delaware Street.

The City-owned section of the Ohlone Greenway begins northwest of the North Berkeley BART station at Cedar Street and continues north to the City’s border with Albany.1

FINANCIAL IMPLICATIONS
The City already owns and maintains these properties, so the financial implications would be minimal. One-time minimal use of staff time would be needed to dedicate these areas as parks and add park signage.

CURRENT SITUATION AND ITS EFFECTS
The Berkeley-owned portions of the West Street Bike Path and the Ohlone Greenway are used as recreational areas. Residents use these spaces to gather, rest and relax, play, and exercise, particularly biking and walking. Importantly, these dedicated bike/pedestrian paths already include many park features, such as park benches, 1 It should be noted that the San Francisco Bay Area Rapid Transit District (BART) is planning North Berkeley Bicycle and Pedestrian Access Improvements that will, among other upgrades, widen the BART- owned portion of the Ohlone Greenway adjacent to the BART side parking lots up to Virginia Gardens.

See https://www.bart.gov/about/planning/north-berkeley-bike for plan details.

2 proximity to recreational facilities (including bike-share stations as well as basketball and tennis courts), and art installations.

Because these two paths primarily function as recreational areas, they should be officially dedicated as City parks for the common good of Berkeley residents and visitors. This resolution aligns with our Strategic Plan, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

It should also be noted that the Ohlone Greenway portions in both the cities of Albany2 and El Cerrito3 have already been dedicated as linear City parks; establishing a similar designation in Berkeley would create regional consistency for recreational pursuits.

BACKGROUND
In Berkeley’s Open Space and Recreational Element of our General Plan, adopted April 3rd, 20024, the objectives are stated as:

The policies and actions of the Open Space and Recreation Element are intended to achieve the following three objectives:
 Preserve, maintain, and repair the city’s existing open space and recreational resources and facilities.
 Expand open space and recreational resources to meet the evolving open space and recreational needs of all segments of this community through land acquisitions and improvements.
 Increase funding for parkland, recreational facilities, and open space maintenance, improvement, and expansion.

This is congruent with Berkeley’s adopted Measure “L” – The Berkeley Public Parks and Open Space Preservation Ordinance, passed in 1986. The measure requires “the Berkeley City Council to preserve and maintain the public parks and open space in Berkeley as well as to acquire and maintain public parks and open space in the census tracts and neighborhoods of Berkeley having less than the minimum amount of open space relative to population (2 acres per 1,000) identified in the Berkeley Master Plan of 1977.”5 These directives regarding parks and open space prioritize recreation as an essential element of civic life, and requires the City to obtain and maintain these amenities for the public good. This council consent item seeks to ensure this directive by officially dedicating these public spaces as City park property for permanent recreational use.
2 Ohlone Greenway Park Facility Directory, City of Albany (2019) available at:
https://www.albanyca.org/Home/Components/FacilityDirectory/FacilityDirectory/104/1607?npage=3. 3 Ohlone Greenway Facilities, City of El Cerrito (2019) available at: http://el- cerrito.org/Facilities/Facility/Details/Ohlone-Greenway-16. 4 See: https://www.cityofberkeley.info/uploadedFiles/Planning_(new_site_map_walk-through)/Level_3_- _General/GPliteOpen_Space_policies.pdf.
5 Voter Information Pamphlet text of Measure L

3 ENVIRONMENTAL SUSTAINABILITY
Designating the Berkeley-owned portions of the West Street Bike Path and Ohlone Greenway as linear City parks will enable the City to better maintain these dedicated bike paths as safe and enjoyable alternatives to driving, thereby potentially reducing vehicle miles traveled.

CONTACT PERSONS
Councilmember Rashi Kesarwani Council District 1 510-981-7110 Attachments:
1: Resolution
2: Voter Information Pamphlet Text of Measure L
3: Map indicating proposed area to be designated as City of Berkeley linear parks

4 RESOLUTION NO. ##,###-N.S.

DESIGNATING THE BERKELEY-OWNED PORTIONS OF THE OHLONE GREENWAY

AND WEST STREET BIKE PATH AS PART OF CITY PARK INFRASTRUCTURE WHEREAS, in Berkeley’s Open Space and Recreational Element of the General Plan, adopted April 3rd, 2002, the objectives are stated as:
 Preserving, maintaining, and repairing the city’s existing open space and recreational resources and facilities
 Expanding open space and recreational resources to meet the evolving open space and recreational needs of all segments of this community through land acquisitions and improvements
 Increasing funding for parkland, recreational facilities, and open space maintenance, improvement, and expansion; and
WHEREAS, Berkeley adopted Measure “L” – The Berkeley Public Parks and Open Space Preservation Ordinance – in 1986, which requires “the Berkeley City Council to preserve and maintain the public parks and open space in Berkeley as well as to acquire and maintain public parks and open space in the census tracts and neighborhoods of Berkeley having less than the minimum amount of open space relative to population (2 acres per 1,000) identified in the Berkeley Master Plan of 1977”; and WHEREAS, these directives regarding parks and open space prioritize recreation as an essential element of civic life, and requires the City to obtain and maintain these amenities for the public good; and
WHEREAS, Berkeley’s portions of the West Street Bike Path and the Ohlone Greenway are used as recreational areas; and
WHEREAS, the Ohlone Greenway portions in both the cities of Albany and El Cerrito have already been dedicated as linear City parks.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Berkeley-owned portions of the Ohlone Greenway and West Street Bike Path are designated as linear City parks.

Tuesday, September 12, 2023 ANNOTATED AGENDA Page 1

ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, September 12, 2023
6:00 PM

SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – MARK HUMBERT

This meeting will be conducted in a hybrid model with both in -person attendance and virtual participation . For in- person attendees, face coverings or masks that cover both the nose and the mouth are encouraged. If you are feeling sick, please do not attend the meeting in person.

Live captioned broadcasts of Council Meetings are available on Cable B -TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley-info.zoomgov.com/j/1606796328.

If you do not wish for your name to appear on the screen, then use the drop dow n menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 679 6328.

If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

To submit a written communication for the City Council’s consideration and inclusion in the public record , email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 and applicable Executive Orders as issued by the Governor that are currently in effect . Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Tuesday, September 12, 2023 ANNOTATED AGENDA Page 2
Preliminary Matters
Roll Call: 6:07 p.m.

Present: Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguin.

Absent: None.

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000 -year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay com munities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

1. Pledge of Allegiance to the Flag

2. Recognition of Yali’s Café, Ike’s Love and Sandwiches, and Lox Stock & Bagel for offering healthier food and beverage choices
City Manager Comments: None
Public Comment on Non-Agenda Matters: 13 speakers.

Public Comment by Employee Unions (first regular meeting of the month): None

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 13 speakers.

Action: M/S/C (Arreguin/Hahn) to adopt the Consent Calendar in one motion except as indicated.

Vote: All Ayes.

Recess Items
Tuesday, September 12, 2023 ANNOTATED AGENDA Page 3

1. Contract: Downtown Berkeley YMCA for Fitness Center Memberships for City Employees
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to execute a contract and any amendments with the Downtown Berkeley YMCA in the amount of $130,176 for fitness center memberships for City employees for the period July 1, 2023 through June 30, 2024.

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Adopted Resolution No. 71,016–N.S.

2. Contract No. 32200058 Amendment: ACI Payments, Inc for Recreation Online Registration System Credit Card Transaction Processing Fees From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager to execute an amendment to Contract No. 32200058 with ACI Payments, Inc (ACI) increasing the contract amount by $35,000 for a total not to exceed amount of $185,000.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,017–N.S.

3. Stipend for Echo Lake Camp Staff
From: City Manager
Recommendation: Adopt a Resolution approving up to a $500/week stipend for certain Echo Lake Camp daily-rated staff working in the summer of 2023, starting July 30, 2023.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,018–N.S.

4. Contract No. 100692-4 Amendment: Serological Research Institute for DNA Testing Services
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to amend Contract No. 100692-4 and any necessary future amendments with Serological Research Institute (SERI) for the Police Department, increasing the contract amount by $1,000,000 for a total not to exceed amount of $3,000,000 while the contract expiration will remain June 30, 2025.

Financial Implications: State Proposition 172 Fund - $1,000,000 Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 71,019–N.S.

Consent Calendar
Tuesday, September 12, 2023 ANNOTATED AGENDA Page 4

5. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of July 10 (special closed), July 11 (regular), July 18 (special), July 24 (special closed and special) and July 25 (special and regular).

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Approved the minutes as submitted.

6. Establish 2024 City Council Meeting Schedule
From: City Manager
Recommendation: Adopt a Resolution establishing the City Council regular meeting schedule for 2024, with starting times of 6:00 p.m.

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,020–N.S.

7. Police Accountability Board – Appointment of New Member From: City Manager
Recommendation: Adopt a Resolution appointing a new member to the Police Accountability Board nominated by Councilmember Humbert.

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,021–N.S.

8. Contract: NetFile for Online Campaign Report, Public Financing, and Form 700 Filing and Tracking
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Westcoast Online Information Systems, Inc. dba NetFile for an amount not to exceed $170,700 for the period October 1, 2023 through September 30, 2028 for online campaign report, public financing, and Form 700 filing, processing, web posting, and tracking.

Financial Implications: General Fund - $170,700
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,022–N.S.

Consent Calendar
Tuesday, September 12, 2023 ANNOTATED AGENDA Page 5

9. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 12, 2023
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: Varous Funds - $9,990,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

10. Contract: Swifthawk LLC for Project Management & Consulting From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Swifthawk, LLC to provide project management and consulting services for the Fire Department from August 7, 2023 to August 31, 2025 in an amount not to exceed $600,000.

Financial Implications: Measure FF Fund - $600,000
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,023–N.S.

11. Contract No. 32300094 Amendment: Restoration Family Counseling Center for Counseling, Education and Support
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32300094 for Counseling, Education and Support for the Fire Department (Department); with Restoration Family Counseling Center Inc. (RFCC), increasing the total contract amount from $80,000 to $308,000.

Financial Implications: Various Funds - $228,000
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,024–N.S.

12. Accept Future of Public Health Funds from the State of California From: City Manager
Recommendation: Adopt a Resolution authorizing the City manager to submit grant agreements to the State of California, to accept the grants, and to execute any resultant revenue agreements and amendments for the Future of Public Health program for an amount of $912,213 for each of the following: Fiscal Year 2024, Fiscal Year 2025, and Fiscal Year 2026.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,025–N.S.

Consent Calendar
Tuesday, September 12, 2023 ANNOTATED AGENDA Page 6

13. Taxi Scrip Redemption Window Cash Drawer Increase
From: City Manager
Recommendation: Adopt a Resolution authorizing City Manager or her designee to increase the cash drawer amount for the weekly Taxi Scrip Redemption window from $15,000 to $20,000.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,026–N.S.

14. Contract: The Housing Workshop for Social Housing Models & Market Analysis From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with The Housing Workshop to provide policy model research and market analysis to inform social housing initiatives for the Department of Health, Housing, and Community Services (HHCS) from September 13, 2023 to September 13, 2024 in an amount not to exceed $175,000.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,027–N.S.

15. Expenditure Contract: Persimmony International for Electronic Medi-Cal Administrative Activities and Targeted Case Management Documentation From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an expenditure agreement, and any amendments or extensions, with Persimmony International for ongoing system maintenance of web-based Medi- Cal Administrative Activities (MAA) time study documentation, and Targeted Case Management (TCM) documentation. The contract will be in an encumbered amount of $289,011 for the period July 1, 2023 through June 30, 2027.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,028–N.S.

16. Contract No. 31900009 Amendment: Building Opportunities for Self-Sufficiency (BOSS) for McKinley House (2111 McKinley Avenue, Berkeley, CA 94703) From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 31900009 with Building Opportunities for Self-Sufficiency (BOSS) through November 1, 2025, adding $287,712 for a total contract amount of $945,424, to fund Mental Health clients living at 2111 McKinley Avenue in Berkeley. This will extend the contract by two years.

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,029–N.S.

Consent Calendar
Tuesday, September 12, 2023 ANNOTATED AGENDA Page 7

17. Contract: Sensis, Inc. for Recruitment and Marketing Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Sensis, Inc. for recruitment and marketing services, in an amount not to exceed $250,000 over two years: $125,000 in the first year, with an option to renew for a second year for an additional $125,000.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,030–N.S.

18. Establish Classification and Salary Range – Lactation Counselor From: City Manager
Recommendation: Adopt a Resolution establishing the unrepresented classification of Lactation Counselor with an hourly salary range of $41.1351 - $50.0000, and an annual salary range of $85,561.0080 - $104,000.00, in order to utilize grant funding to employ an International Board Certified Lactation Consultant (IBCLC) who will oversee the City’s Breastfeeding Peer Counselor Program and provide additional public health services to the City of Berkeley community.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,031–N.S.

19. Revise Classification and Salary Range – Paramedic
From: City Manager
Recommendation: Adopt a Resolution revising the classification of Paramedic to an hourly salary range of $30.00-$40.00 per hour (currently $30.00-$45.00 per hour) to offset unanticipated budgetary impacts due to overtime. This recommendation and proposed Resolution follow Council consideration of this item in Closed Session on July 24, 2023.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,032–N.S.

Consent Calendar
Tuesday, September 12, 2023 ANNOTATED AGENDA Page 8

20. Memorandum of Understanding: Berkeley Police Association From: City Manager
Recommendation: Adopt a Resolution 1) approving a successor Memorandum of Understanding (hereafter referred to as “MOU”) with the Berkeley Police Association (hereafter referred to as the “Union”) for a three-year term from July 1, 2023 through June 30, 2026 and authorizing the City Manager to execute and implement the terms and conditions of employment set forth in the new MOU and to make non- substantive edits to the format and language of the MOU in alignment with the tentative agreement, and conforming to legal requirements; and 2) approving a new Classification and Salary table for Representation Units E and F that implement the salary adjustments reflected in the new MOU and supersede Resolution No. 69,965,- N.S. The terms of the proposed 2023-2026 MOU are within the parameters of authority approved by Council in closed session. The proposals were ratified by the Union following a three-day vote that concluded on August 14, 2023.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,033–N.S. as revised in Supplemental Communications Packet #2 from the City Manager.

21. Grant Applications: Bipartisan Infrastructure Law (BIL) and State Funds For Six City Infrastructure Improvement Projects
From: City Manager
Recommendation: Adopt six Resolutions authorizing the City Manager or her designee to submit grant applications to six federal (BIL) and state-funded competitive grant programs for City Infrastructure improvement projects; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the projects and appropriation of funding for related expenses, subject to securing the grants.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,034–N.S. (Berkeley Waterfront University Ave Shoreline), Resolution No. 71,035–N.S. (Interstate 80 and Aquatic Park Lagoon), Resolution No. 71,036–N.S. (West Berkeley and Aquatic Park Lagoon), Resolution No. 71,037–N.S. (Santa Fe Railroad Track to Park), Resolution No. 71,038–N.S. (Martin Luther King, Jr. Youth Services Center), and Resolution No. 71,039–N.S. (South Berkeley Senior Center).

Consent Calendar
Tuesday, September 12, 2023 ANNOTATED AGENDA Page 9

22. Utility Easement: Bolivar Drive – East Bay Municipal Utility District From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing and directing the City Manager to convey a utility easement to the East Bay Municipal Utility District along Bolivar Drive at Aquatic Park.

Financial Implications: None
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopt first reading of Ordinance No. 7,883–N.S. as revised in Supplemental Communications Packet #2 by the City Manager. Second reading scheduled for October 3, 2023.

23. Serving inclement weather needs, RV dwellers, and other vehicle dwellers through the Encampment Mobile Mental Health Wellness Team, as is feasible, within parameters of the state-approved project plan
From: Homeless Services Panel of Experts
Recommendation: That Council refer to staff to include providing services to meet inclement weather needs of the unhoused and provide services to RV, and other vehicle, dwellers, as is feasible, within the parameters of the state-approved plan.

Financial Implications: See report
Contact: Josh Jacobs, Commission Secretary, (510) 981-5400 Action: Approved recommendation.

24. Authorization for an Additional Homeless Services Panel of Experts meeting in October 2023
From: Homeless Services Panel of Experts
Recommendation: Adopt a Resolution authorizing one additional meeting of the Homeless Services Panel of Experts in October 2023, which would restore one general meeting given that 3 special meetings were otherwise used to address Measure P allocations.

Financial Implications: See report
Contact: Josh Jacobs, Commission Secretary, (510) 981-5400 Action: Adopted Resolution No. 71,040–N.S.

25a. Accommodating Client Literacy and Cognitive Challenges in Community Agency Allocation Funding Process as to Homeless Providers From: Homeless Services Panel of Experts
Recommendation: That Council refer to staff to include in the community agency allocation funding RFP a question to homeless services providers as to how homeless services providers plan to accommodate clients with literacy and cognitive challenges.

Financial Implications: See report
Contact: Josh Jacobs, Commission Secretary, (510) 981-5400 Action: See action for Item 25b.

Consent Calendar
Tuesday, September 12, 2023 ANNOTATED AGENDA Page 10
25b. Companion Report: Accommodating Client Literacy and Cognitive Challenges in Community Agency Allocation Funding Process as to Homeless Providers From: City Manager
Recommendation: Take no action on the Homeless Services Panel of Experts’ recommendation, as staff have already included in the community agency allocation funding Request for Proposals (RFP) a question to homeless services providers as to how they plan to accommodate clients with literacy and cognitive challenges.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Approved recommendation in Item 25b.

Council Consent Items

26. Appoint Ayanna Davis to the Berkeley Housing Authority Board From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution appointing Ayanna Davis to serve on the Berkeley Housing Authority Board of Commissioners for a four-year term.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 71,041–N.S.

27. Excused Absence for Councilmember Kate Harrison
From: Mayor Arreguin (Author)
Recommendation: Excuse Councilmember Kate Harrison from the September 19, 2023 Council meeting as a result of attending to official business of the City.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Approved recommendation.

28. Letter to State Legislators Regarding San Pablo Park Pool Project From: Councilmember Taplin (Author), Councilmember Robinson (Co- Sponsor)
Recommendation: Send a letter to the requesting state budget allocations for capital improvements at San Pablo Park including the Frances Albrier Community Center and San Pablo Park Pool.

Financial Implications: Staff time
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Vice-Mayor Bartlett added as a co-sponsor. Approved recommendation.

Council Consent Items
Tuesday, September 12, 2023 ANNOTATED AGENDA Page 11

29. 51B BRT + University/Shattuck Corridor Mobility Improvements (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee)
From: Councilmember Taplin (Author), Councilmember Robinson (Co- Sponsor), Councilmember Humbert (Co-Sponsor)
Recommendation:

1. Refer to the City Manager commencement of a feasibility analysis and community engagement process to develop options for the implementation of Bus Rapid Transit (BRT) improvements along AC Transit’s 51B route; options are to be developed in tandem with internal city departments, including Public Works, Fire, Police Traffic Unit, and Economic Development, and interagency partners, including AC Transit, the Alameda County Transportation Commission, BART, Caltrans, UC Berkeley, and WETA; community engagement is to emphasize students, transportation advocates, transit riders, the disability rights community, the faith community, the senior community, local merchants, the business community, the arts community, and tenants; consultation with AC Transit and UC Berkeley Bear Transit on planning, scoping, and implementation is to begin as soon as possible; staff are encouraged to explore and pursue quick build improvements.

2. Refer $150,000 to the FY 2024-2025 budget process to increase the budget for the city’s ADA Transition Plan capital project to prioritize and implement ADA improvements at the city’s intersections, such as curb cuts, auditory functions of crossing signals, bulb-outs, shortening crossing distances, and other safety improvements.

3. Refer $150,000 to the FY 2025-2026 budget process for consulting costs to conduct corridor studies along University Avenue, from Seawall Drive, to Oxford Street, and along Oxford Street and Fulton Street, from Virginia Street to Durant Avenue, to identify appropriate road safety improvements that advance city-adopted safety, transportation, and climate goals and are continuous with work currently underway on the Addison Bicycle Boulevard, and explore improvements for curb management, i.e. accessible parking (blue curbs), management of curb space for third party delivery service, etc.

Policy Committee Recommendation: To forward the item to Council with a positive recommendation.

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation as recommended by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee.

Council Consent Items
Tuesday, September 12, 2023 ANNOTATED AGENDA Page 12

30. Budget Referral: Refer $100,000 to the FY 23 and FY 24 AAO #1 to beautify Vacant Storefronts in Berkeley Commercial Districts
From: Councilmember Harrison (Author)
Recommendation: Refer $100,000 to the FY 23 and FY 24 AAO #1 to help fund art or district branding vinyl window graphics on vacant storefronts in Berkeley Commercial Districts to beautify our Commercial Districts. The fund would be administered by the Downtown Berkeley Association on behalf of all Commercial Districts, and would reimburse property owners for 50% of the entire cost of the project: 1. Artist fee; 2. Costs associated with non-commercial printed material that is ideally non-plastic (may be vinyl if no alternative exists); 3. Installation of non- commercial window graphics
Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Approved recommendation.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Arreguin; Noes – None; Abstain – Humbert.

31. Budget Referral: Miyawaki “Pocket Forest” Pilot Program to Support Carbon Sequestration, Biodiversity, Cooling, Noise Reduction, Health, and Equity From: Councilmember Hahn (Author), Councilmember Taplin (Co-Sponsor) Recommendation: Refer to the November 2023 Budget Process $140,000 to fund staffing, materials, and consultants for a Miyawaki Pocket Forest Pilot Project, including the planting of two pocket forests on City of Berkeley sites, preferably in areas most impacted by poor air quality, and a report to Council on opportunities and funding for a broader Citywide Miyawaki Forest program. Should November 2023 funding not be available, refer to subsequent budget processes for consideration.

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Mayor Arreguin added as a co-sponsor. Approved recommendation including supplemental material in Supplemental Communications Packet #1 from Councilmember Hahn, further amended to include consideration of the Here/There site as a potential pilot site. Supplemental material removes co-sponsor.

Council Action Items
Tuesday, September 12, 2023 ANNOTATED AGENDA Page 13

32. Designating Open Space Adjacent to and in Front of Old Berkeley City Hall as a Linear City Park Pursuant to BMC 6.42
From: Councilmember Harrison (Author)
Recommendation: Adopt a resolution designating open space in front of Old City Hall as linear City park space and formally dedicate this site for permanent recreational use pursuant to BMC 6.42.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Moved to Consent Calendar. Adopted Resolution No. 71,042–N.S. with an amended resolved clause as written below and including the Council Report as Exhibit A to the resolution.

NOW THERFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Berkeley-owned open space and land adjacent to and in front of Old City Hall is designated as an official part of City park land and infrastructure. This includes the land identified in the greyed box on page 2 of the council report, attached hereto as Exhibit A, which is the area between the buildings and right of way excluding the area that is subject to a lease between the County and City of Berkeley.

Information Calendar

33. LPO NOD: 60 Panoramic Way, #LMIN2023-0001
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

34. LPO NOD: 1960 San Antonio Avenue/645 Arlington Avenue, #LMSAP2022-0005 From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

35. LPO NOD: 803 Delaware Street, LMSAP2023-0002
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - 0 speakers.

Tuesday, September 12, 2023 ANNOTATED AGENDA Page 14
Adjournment
Action: M/S/C (Arreguin/Robinson) to adjourn the meeting.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Wengraf, Robinson, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Hahn.

Councilmember Hahn absent 8:25 p.m. – 8:27 p.m.

Adjourned at 8:27 p.m.

Communications
Item #29: 51 BRT + University/Shattuck Corridor Mobility Improvements

1. Bike East Bay

2. Raul Maldonado

Berkeley Crime

3. Anthony Felli, Regional Vice President, Skates on the Bay (2)

4. Nina Lyons

5. Pamela Michaud

6. Benjamin Stein

7. Peter Radu

8. Colleen McCann

9. Mike Kim

10. Nina Lyons

11. Diana Rossi

12. Peter Horsemann

13. Linda Laskowski

14. Teresa Clarke

15. Melissa Little

16. Rebecca Thomas

17. Ryan Kidd

18. Joshua Bloom

19. Shok Saidmuradov

20. Shannon Holloway

21. Peter Hosemann
Automated License Plate Readers (ALPR)

22. Emily Benner

23. Laura Lake Gediman

24. Alex Merenkov

25. Rosemarie Klems

26. Katie Johnson

27. Isaac Dietz

28. Mary S.

29. Rosa Perez

Communications
Tuesday, September 12, 2023 ANNOTATED AGENDA Page 15
Daylight Strawberry Creek/Civic Center Park

30. Jessica Hall

31. Juliet Lamont and Phil Price

32. Diana Bohn

33. Jennifer Ware

34. Stacie Degeneffe

35. Summer Brenner

BART Transit Oriented Development and Parking

36. John Hitchen

37. Barbara Flasher

38. Michai Freeman

39. Markus Feyh

40. Chris Watters

41. Mikayla Fussman

42. Nat Kane

43. Peter Waller

44. Christine Goldin

45. Marija Hillis

46. Peggy Scott

2720 Hillegass/Willard Clubhouse

47. Julie Obbard

48. Alex Stec

Housing

49. Aimee Baldwin (3)

50. Meryl Siegal

Reforest Berkeley

51. Glenn Alex

52. Ruby Lee

53. Mike Vandeman

Shellmound

54. Sophia DeWitt, on behalf of East Bay Housing Organizations

Fukushima

55. Richard Tamm

56. Francine Cavaliere

57. Dawn DelMonte (2)

58. Sally Nelson

59. Bjorn Fox

60. Nori Hudson

61. Jose Arau

62. Juli Dickey

Communications
Tuesday, September 12, 2023 ANNOTATED AGENDA Page 16

63. Jose Franklin Arau

3050 College Avenue

64. Janet Miller (2)

Help Shape the Library’s Strategic Plan

65. Aimee Reeder

Lawrence Hall Neighborhood Issues

66. Emily Starr

Berkeley’s Business Districts

67. Jack Kurzweil

Racial Injustices

68. Aimee Baldwin

Public Works Transportation Division

69. Hamid Mostowfi, Transportation and Infrastructure Commission Co-Secretary

Bio Labs

70. Steve Shmanske

71. Sandina Robbins

People’s Park

72. Tobey Wiebe

73. Rod Gutierrez

Here/There Now Fence

74. Mike Kim

75. Nicole Sullivan

Berkeley Police Department Investigation

76. Diana Bohn

77. Mary Behm-Steinberg

78. Janie Schroeder (2)

79. Tobey Wiebe

80. Nathan Mizell

Fire Danger

81. Susan Nunes

82. Councilmember Hahn

Cell Antennas

83. Stephanie Thomas

84. Constance Anderson

Communications
Tuesday, September 12, 2023 ANNOTATED AGENDA Page 17

85. Phoebe Thomas Sorgen

Encampment at 8th & Harrison

86. Yesica Prado (3)

87. Peter Radu, Neighborhood Services, City Manager’s Office Appoint Police Chief Louis

88. Marvin Snow

Secondhand Smoke

89. Carol Denney

90. Rebecca Day-Rodriguez, on behalf of Health, Housing & Community Services

Mortgage Relief Program

91. Carole Marasovic

Rental Inspection Program Proposal

92. Christopher La Combe

Virginia/Oxford Intersection

93. Theo Posselt

Fire Inspection Bill

94. Jane Kitchel

Youth Representation on the Environmental and Climate Commission

95. Kristen Anderson

Roots Near Sidewalk and Curb

96. Barry Horwitz

New City Manager

97. Carol Denney

Battery Recycling

98. David Lerman

Conflict of Interest/Trying to Find Children

99. Lavell Young

Golden Gate Horse Racing
100. Jim Renella

Homelessness
101. Eric Friedman
102. Aimee Baldwin

Communications
Tuesday, September 12, 2023 ANNOTATED AGENDA Page 18
Cub Scout Requirement
103. Jason Hertenstein

Ohlone Greenway
104. Howard Goldberg (2)
105. Cindi Goldberg
106. Lisa Chow
107. Mary Behm-Steinberg
108. Eric Cheng

New Apartments and Business’
109. Steven Schuyler

Star Alliance
110. Peter Bruce DuMont (2)

Oakland International Airport Public Review
111. Port of Oakland

Fire Ready Fest
112. Berkeley Fire Department (2)

#DiscoveredinBerkeley – Squishy Robots
113. Liz Redman, on behalf of the Office of Economic Development

Current State of the City of Berkeley
114. Assal Sharifi

Jr. Jackets Football Support
115. Eric Friedman

Request for Action – Police Budget, Building Heights, etcetera’s 116. Dan.auten@

URL’s Only
117. Vivian Warkentin (8)
118. [email protected]
Supplemental Communications and Reports 1
Item #29: 51 BRT + University/Shattuck Corridor Mobility Improvements 119. Raul Maldonado, East Bay YIMBY Lead
120. Kiaran Katyal-Tan
121. Chuck Siegel, on behalf of Walk Bike Berkeley
122. 5 similarly-worded form letters

Tuesday, September 12, 2023 ANNOTATED AGENDA Page 19
Item #31: Budget Referral: Miyawaki “Pocket Forest” Pilot Program to Support Carbon Sequestration, Biodiversity, Cooling, Noise Reduction, Health, and Equity 123. Supplemental material, submitted by Councilmember Hahn Item #32: Designating Open Space Adjacent to and in Front of Old Berkeley City Hall as a Linear City Park Pursuant to BMC 6.42
124. Isabelle Gaston
125. Carol Hirth
Supplemental Communications and Reports 2
Item #4: Contract No. 100692-4 Amendment: Serological Research Institute for DNA Test Services
126. Elana Auerbach

Item #20: Memorandum of Understanding: Berkeley Police Association 127. Supplemental material, submitted by Human Resources Item #22: Utility Easement: Bolivar Drive – East Bay Municipal Utility District 128. Revised material, submitted by Parks, Recreation and Waterfront Item #29: 51 BRT + University/Shattuck Corridor Mobility Improvements 129. Eric Johnson
130. Mary Ann Furda
131. Tawny Reynolds
132. Phyllis Orrick
133. Mario Valadez
134. Alfred Twu
135. Lee Bishop
136. 12 similarly-worded form letters
Item #32: Designating Open Space Adjacent to and in Front of Old Berkeley City Hall as a Linear City Park Pursuant to BMC 6.42
137. Marsha Feinland
138. Paola Laverde
139. Max Ventura
140. Jean Tepperman
141. Erika Shore
142. Marian Wolfe
143. Carole Cool
144. Susana Porte
145. Summer Brenner
146. Gael Alcock
147. Miranda Ewell
148. Jane White
149. Rachel Katz
150. Stephen Most
151. Laura Galligan
152. Cate Leger

Tuesday, September 12, 2023 ANNOTATED AGENDA Page 20
153. Helga Recke
154. William Pettus
155. Sally Nelson
Supplemental Communications and Reports 3
Item #4: Contract No. 100692-4 Amendment: Serological Research Institute for DNA Test Services
156. Elana Auerbach
Item #28: Letter to State Legislators Regarding San Pablo Park Pool Project 157. Claudia Kawczynska
158. Cameron Woo
Item #29: 51 BRT + University/Shattuck Corridor Mobility Improvements 159. Melinda Howard-Herrarte, on behalf of the Sierra Club 160. Alden Mudge
161. Councilmember Humbert
162. Maulin Chokshi
163. Igor Tregub, on behalf of the Alameda County Democratic Party 164. Sean Gibson
165. 14 similarly-worded form letters

Item #30: Budget Referral: Refer $100,000 to the FY 23 and FY 24 AAO #1 to beautify Vacant Storefronts in Berkeley Commercial Districts 166. Steve Kromer

Item #31: Budget Referral: Miyawaki “Pocket Forest” Pilot Program to Support Carbon Sequestration, Biodiversity, Cooling, Noise Reduction, Health and Equity 167. Daniel Gluesenkamp, on behalf of California Institute for Biodiversity 168. Jess Login and students, Malcolm X Elementary School 169. Hazel Copithorne
170. Lola Leeman
171. Ivan Fisher
Item #32: Designating Open Space Adjacent to and in Front of Old Berkeley City Hall as a Linear City Park Pursuant to BMC 6.42
172. Virginia Warheit
173. Pamela Drake
174. Diana Bohn
175. Erin Diehm
176. Juliet Lamont and Phil Price
177. Harvey Smith
178. Janet Levenson
179. Deborah Green

Miscellaneous Communications
180. Mr. Eid

Kate Harrison
Councilmember, District 4
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 644-1174 E-Mail: [email protected]

ACTION CALENDAR
September 12, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Harrison
Subject: Designating Open Space Adjacent to and in Front of Old Berkeley City Hall as a Linear City Park Pursuant to BMC 6.42

RECOMMENDATION
Adopt a resolution designating open space in front of Old City Hall as linear City park space and formally dedicate this site for permanent recreational use pursuant to BMC

6.42. CURRENT SITUATION, EFFECTS, AND RATIONALE FOR RECOMMENDATION The built environment of Downtown Berkeley lacks an abundance of open space and recreational facilities. Parks and open space are critical for the well-being of residents.

Measure ‘L’, the Berkeley Public Parks and Open Space Preservation Ordinance, adopted by the City of Berkeley in 1986 and codified as Berkeley Municipal Code (BMC) Section 6.42, designates “census tracts containing less than the master plan provision of two acres of parks and open space per one thousand population shall be singled out as having a high priority for funding the acquisition, development and maintenance of parks and recreational facilities.”
The Downtown Census tracts 4229.02 and 4230 with respective populations of 3,033 and 4,676 fall short of this threshold and should be prioritized for additional open space.

The only park in Census tract 4229.02 is Civic Center Park with 3.46 acres of open space, nearly half the amount of space recommended by Measure L. Similarly, tract 4230 in Central Berkeley has a mere .63 acres of open space, when according to Measure L it should have approximately just under 10 acres.

Designating Open Space Adjacent to and in Front of Old Berkeley City Hall as a Linear City Park Pursuant to BMC 6.42

ACTION CALENDAR
September 12, 2023

Pursuant to BMC 6.42, this item would contribute approximately an additional .68 acres of Parks and Open space for use by residents and visitors to these two Central/Downtown census tracts by converting the open space in front of Old City Hall.

BACKGROUND
The District 4 Council District, where Old City Hall is located, contains nearly 14,082 residents according to the 2020 census but only contains roughly 4.02 acres of open space and park land. This means that, according to Measure L, District 4 has a high priority for funding, acquisition, development, and maintenance of new open space.

The open space and landscaping along the western side of MLK and in front of and to the sides of Old City Hall is currently designated a landscaping associated with civic buildings. The space does not currently enjoy the same status of a City park, which would

Designating Open Space Adjacent to and in Front of Old Berkeley City Hall as a Linear City Park Pursuant to BMC 6.42

ACTION CALENDAR
September 12, 2023
confer additional maintenance and protection benefits via the Parks, Recreation & Waterfront Department.

The open space in front of these three public buildings is already often used for variety of civic events and as a lunch spot for residents, workers, and Berkeley High students.

Within Berkeley’s Open Space and Recreational Element of the General Plan, adopted April 3, 2002, the objectives are stated as follows and are consistent with the goals of this item:
 preserving, maintaining, and repairing the city’s existing open space and recreational resources and facilities;
 expanding open space and recreational resources to meet the evolving open space and recreational needs of all segments of this community through land acquisitions and improvements;
 increasing funding for parkland, recreational facilities, and open space maintenance, improvement, and expansion; and
In addition, designating this area as an official public park would help achieve the goals ED-2 and OS-1 of the Berkeley Downtown Area Plan, to “maintain a safe and inviting streets, parks and plazas that contribute to the success of businesses and the wellbeing of residents” and “create new public gathering places that support nearby uses and Downtown as a destination.”
In 2019, Council previously designated Berkeley’s portion of Ohlone Greenway and the West Street Bike Path as linear City parks pursuant to BMC 6.42. It is the public interest to similarly designate the Berkeley-owned open space and land included in this item as an official part of Berkeley park infrastructure.

FISCAL IMPACTS OF RECOMMENDATION
This area is already owned and maintained by the City of Berkeley so the fiscal impacts of making it an official park would be small. A minimal use of staff time would be required to dedicate the area as a park and add park signage.

ENVIRONMENTAL SUSTAINABILITY
Designating the open space adjacent to and in front of Old City Hall will enable the City to better maintain these dedicated these spaces as safe and enjoyable low-carbon and carbon sequestering recreation areas.

CONTACT PERSON
Councilmember Kate Harrison, (510) 981-7140

ATTACHMENTS

1. Resolution

2. Voter Information Pamphlet Text of Measure L

RESOLUTION ##,###-N.S.

DESIGNATING THE BERKELEY-OWNED OPEN SPACE ADJACENT TO AND IN

FRONT OF OLD CITY HALL AS AN OFFICIAL PART OF CITY PARK

INFRASTRUCTURE
WHEREAS, in Berkeley’s Open Space and Recreational Element of the General Plan, adopted April 3rd, 2002, the objectives are stated as:
 preserving, maintaining, and repairing the city’s existing open space and recreational resources and facilities;
 expanding open space and recreational resources to meet the evolving open space and recreational needs of all segments of this community through land acquisitions and improvements;
 increasing funding for parkland, recreational facilities, and open space maintenance, improvement, and expansion; and
WHEREAS, in Berkeley’s Downtown Area Plan, adopted March 20th, 2012, the objectives are stated as:
 maintaining a safe and inviting streets, parks and plazas that contribute to the success of businesses and the wellbeing of residents;
 creating new public gathering places that support nearby uses and Downtown as a destination; and
WHEREAS, Measure L, the Berkeley Public Parks and Open Space Preservation Ordinance adopted by the City of Berkeley in 1986 requires the Council “To preserve and maintain the public parks and open space which exist in Berkeley, as well as To acquire and maintain public parks and open space in the census tracts and Neighborhoods of Berkeley having less than the minimum amount of open Space relative to population (2 acres per 1,000)”; and
WHEREAS, District 4 and the census tracts therein adjacent to Old City Hall contains less than 2 acres of public parks and open space per 1,000 residents and therefore has a high priority for funding, acquisition, development, and maintenance of open space; and
WHEREAS, the above goals and ordinances establish the protection of open space and the establishment of public parks as an important City priority; and WHEREAS, the open space and land along the western side of MLK and in front of Old City Hall are already being used for civic and recreational activities and are comparable to existing Park Space in the adjacent Civic Center Park.

NOW THERFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Berkeley-owned open space and land adjacent to and in front of Old City Hall is designated as an official part of City park land and infrastructure.

2180 Milvia Street, Floor 5, Berkeley, CA 94704 ● Tel: (510) 981-7130 ● Email: [email protected]

CONSENT CALENDAR
November 28, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Ben Bartlett, Mayor Jesse Arreguin, Councilmember Sophie Hahn
Subject: Healthy Black Families 10th Anniversary Celebration RECOMMENDATION:

Adopt a resolution approving the expenditure of funds, including $500 from Vice Mayor Ben Bartlett to the Healthy Black Families 10th Anniversary Celebration event. The funds should be relinquished to the City’s general fund for this purpose from the discretionary council office budget of Vice Mayor Ben Bartlett and any other council members who would like to contribute.

BACKGROUND:

On December 9th, 2023, Healthy Black Families will celebrate ten years of service to the Berkeley community.

FISCAL IMPACTS OF RECOMMENDATION
No General Fund impact; $500 is available from the fund. The cost is as follows: Donation to Healthy Black Families.

ENVIRONMENTAL SUSTAINABILITY: No impact.

CONTACT PERSON:

Councilmember Ben Bartlett 510-981-7130
James Chang 510-981-7131
ATTACHMENT:

1. Resolution

2180 Milvia Street, Floor 5, Berkeley, CA 94704 ● Tel: (510) 981-7130 ● Email: [email protected] RESOLUTION NO. ##,###-N.S.

AUTHORIZE THE EXPENDITURE OF SURPLUS FUNDS FROM THE OFFICE EXPENSE ACCOUNTS OF THE MAYOR AND COUNCILMEMBERS FOR A DONATION TO Healthy Black Families TO PROVIDE PUBLIC SERVICES FOR A MUNICIPAL PUBLIC PURPOSE.

WHEREAS, Councilmember Bartlett has surplus funds in his office expenditure account; and WHEREAS, a California non-profit tax-exempt corporation – Healthy Black Families – will receive the funds in the amount of $500 from the discretionary council office budget of Vice Mayor Ben Bartlett and any other council members who would like to contribute; and WHEREAS, Healthy Black Families has served the Berkeley community for ten years, with a focus on Black individuals and families, to provide them with knowledge, skills, and strategies to make social systems and policies more equitable; and
WHEREAS, the provisions of such an event would fulfill the municipal public purpose of providing community members with knowledge of equitable social services and encourage them to embrace healthy lifestyle choices;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that funds relinquished by the Mayor and Councilmembers from their council office budget, of an amount to be determined by each Councilmember, shall be granted to Healthy Black Families for this purpose.

Kate Harrison
Councilmember, District 4
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981- 6903 E-Mail: [email protected]

CONSENT CALENDAR
November 28, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Harrison
Subject: Refer to the City Manager to Enhance the City’s Deconstruction and Construction Materials Management Enforcement and Regulations and Refer to the AAO #1 Budget Process $250,000 for Social Cost of Carbon Nexus Fee Study for Berkeley Origin Construction and Demolition Debris

RECOMMENDATION

1. Refer to the City Manager to review and develop enhanced and enforceable City deconstruction and materials management regulations, including the following elements:
a. Review of national and international best practices for regulating deconstruction, diversion, recycling, and reuse of construction and demolition materials; b. Integrate deconstruction and construction and enhanced demolition debris management, tracking, and regulation into the Department of Public Works’ Zero Waste Strategic Plan and Transfer Station upgrade as appropriate; c. Policy options for (1) enforcing minimum State diversion and recycling requirements, (2) new deconstruction requirements applicable to all permitted Berkeley projects including defining specific building components that are potentially reusable and requiring an enforceable salvage survey provided by the City, a reuse organization, or other third party approved by the City, (3) potentially implementing a social cost of carbon fee on construction and demolition debris, (4) possible enhancements to minimum statewide diversion goals, (5) comprehensive tracking of the disposition of construction and demolition materials, (6) enhancing diversion from un-permitted projects, and (7) integrating salvageable material into developer project planning and budgeting process and permit application plan set (as opposed to at time of final permitting). d. Background survey on contents of existing building stock to get more data on intended impact and opportunities regarding new deconstruction requirements; vetting of existing service providers (certified salvage contractors and salvage material vendors), markets for salvage materials, a list of approved reuse/salvage facilities; a plan for educating contractors on requirements; and an analysis of the costs of compliance with and implementation of any proposed regulations and analysis of any corresponding impacts on feasibility of new construction.

Refer to the City Manager to Enhance the City’s Deconstruction and Construction Materials Management Enforcement and Regulations and Refer to the AAO #1 Budget Process $250,000 for Social Cost of Carbon Nexus Fee Study for Berkeley Origin Construction and Demolition Debris

CONSENT CALENDAR
November 28, 2023
2 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981- 6903 E-Mail: [email protected]

2. Refer to December 2023 Budget AAO #1 Process $250,000 to conduct a nexus fee study (using the latest academic research, updated damage functions, and low discount rates)1 for a potential social cost of carbon fee to be applied e.g., to the impact of displacing existing embodied carbon (landfilled construction and demolition debris) and replacement with new embodied carbon. The purpose of the fee is to incentivize reuse and deconstruction, minimize demolition, maximize useful embodied carbon, and fund the City’s ongoing green building work and services.

POLICY COMMITTEE RECOMMENDATION
On November 1, 2023, the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee adopted the following action:

M/S/C (Robinson/Harrison) to refer the revised agenda material with a positive recommendation to Council with the following revisions to the recommendation:

1. Section C.3 to read as follows: “potentially implementing a social cost of carbon fee on construction and demolition debris.”

2. Section D to read as follows: “Background survey on contents of existing building stock to get more data on intended impact and opportunities regarding new deconstruction requirements; vetting of existing service providers (certified salvage contractors and salvage material vendors), markets for salvage materials, a list of approved reuse/salvage facilities; and a plan for educating contractors on requirements; and an analysis of the costs of compliance with and implementation of any proposed regulations and analysis of any corresponding impacts on feasibility of new construction.”
Vote: Ayes – Robinson, Harrison; Noes – None; Abstain – Humbert; Absent –None. 1 See Rennert, K., Errickson, F., Prest, B.C. et al. Comprehensive evidence implies a higher social cost of CO2. Nature 610, 687–692 (2022). https://doi.org/10.1038/s41586-022-05224-9. Using a 1.5% discount rate, the social cost of carbon in 2020 dollars is estimated at $308 (~$367.48 in 2023) per metric ton of carbon dioxide:

Refer to the City Manager to Enhance the City’s Deconstruction and Construction Materials Management Enforcement and Regulations and Refer to the AAO #1 Budget Process $250,000 for Social Cost of Carbon Nexus Fee Study for Berkeley Origin Construction and Demolition Debris

CONSENT CALENDAR
November 28, 2023
3 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981- 6903 E-Mail: [email protected]

CURRENT SITUATION, EFFECTS, AND RATIONALE FOR RECOMMENDATION The accumulation, collection, removal and disposal of waste associated with construction, deconstruction and demolition activities needs to be regulated for the protection of the public health, safety and welfare, climate and natural environment.

According to the World Green Building Council, 11% of all energy-related carbon emissions result from building materials and construction activities.2 These emissions are often referred to as “embodied carbon,” which the International Code Council defines “the carbon emissions released during the extraction, manufacturing, transportation, construction and end-of-life phases of buildings.”3
Emissions are not only embodied in new construction materials and activities, but also in those of the past. The current built environment represents the physical manifestation of past greenhouse gas emissions (GHGs), and given the imperative of rapidly reducing GHGs, such material must be prioritized for preservation, or reuse. Every part of the built environment, whether constructed with ancient redwood timber in the nineteenth century or Canadian Douglas fir and pine in the twenty-first, must be considered and valued within the context of cumulative historic emissions and dwindling and nearly expired carbon budgets.

State law imperfectly addresses the end-of-life phases of buildings through the California Integrated Waste Management Act of 1989 and the California Green Building Code, which requires local governments to require fifty percent of construction debris be diverted from the landfill. Senate Bill 1374 further requires annual reporting to the state on progress made in the diversion of construction related materials, including information on programs and ordinances implemented and quantitative data, where available. In 2016, of Berkeley’s total waste stream, 10% was from construction and demolition materials. As discussed below, this number is now likely much higher given the recent uptick in construction.

Additional required minimum diversion rates by project type are covered under the California Green Building Code and the City's local amendments in BMC Title 19 (2019), Buildings and Construction. As a minimum, the latest State code requires 65% of non- hazardous construction and demolition (C&D) waste to be reused or recycled. In addition, the State also requires recycling or reuse of 100% of excavated soil and land- 2 “Bringing Embodied Carbon Upfront.” World Green Building Council, 25 Jan. 2023, https://worldgbc.org/article/bringing-embodied-carbon-upfront/. 3 “Embodied Carbon.” ICC, 11 May 2021, https://www.iccsafe.org/advocacy/embodied-carbon/.

Refer to the City Manager to Enhance the City’s Deconstruction and Construction Materials Management Enforcement and Regulations and Refer to the AAO #1 Budget Process $250,000 for Social Cost of Carbon Nexus Fee Study for Berkeley Origin Construction and Demolition Debris

CONSENT CALENDAR
November 28, 2023
4 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981- 6903 E-Mail: [email protected]
clearing debris, concrete, and asphalt. Current requirements include a “Construction Waste Management Plan” survey and requirement to provide receipts of recycled and salvaged material. City Zero Waste staff indicated that while the City tracks diversion, they currently do not eforce State requirements.

Existing laws fall short because there is no state or local requirement that requires property owners or developers to work with the City to develop an accountable plan to carefully take apart a building to maximize reusable materials, whether onsite or through a salvaging operation. In addition, recycling, an allowed alternative to reuse of demolition materials may not maximize capturing embodied carbon. For example, State law includes loopholes that allow a certain percentage of demolition materials to be ‘recycled’ as a cover to layers of trash in landfills.

This referral to the City Manager aims to implement best practice methods for separation, handling, and delivery of deconstruction and construction site materials to maximize the salvage of building materials for reuse, to reduce the amount of construction and demolition-related materials disposed in landfills and to establish deconstruction and source separation requirements. It also would fund an innovative nexus study to charge a possible social cost of carbon fee on construction and demolition debris to incentivize reuse and deconstruction, minimize demolition, maximize useful embodied carbon, and fund the City’s ongoing green building work and services.

Other jurisdictions, such as Palo Alto and Portland, have already implemented deconstruction ordinances. To protect public health, safety and welfare, climate and natural environment, it is in the public interest to adopt this referral and budget referral.

BACKGROUND
In 2021, the World Green Building Council warned that by 2050 “the [global] building stock is expected to double in size. Carbon emissions released before the built asset is used, referred to as ‘upfront carbon’, will be responsible for half of the entire carbon footprint of new construction between now and 2050, threatening to consume a large part of our remaining carbon budget.”4 Viewed over the next 10 years, the window scientists view as critical to limiting catastrophic warming emissions, new embodied carbon represents a significant 72% of total building sector emissions.5 Much of these 4 “Bringing Embodied Carbon Upfront.”
5 Logan, Katharine. “Continuing Education: Embodied Carbon & Adaptive Reuse.” Architectural Record RSS, Architectural Record, 25 May 2022, https://www.architecturalrecord.com/articles/15481- continuing-education-embodied-carbon-adaptive-reuse.

Refer to the City Manager to Enhance the City’s Deconstruction and Construction Materials Management Enforcement and Regulations and Refer to the AAO #1 Budget Process $250,000 for Social Cost of Carbon Nexus Fee Study for Berkeley Origin Construction and Demolition Debris

CONSENT CALENDAR
November 28, 2023
5 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981- 6903 E-Mail: [email protected]
emissions include those associated with the demolition of existing buildings and the new buildings that replace them.

Buildings Magazine, a trade magazine for facility managers and owners of commercial and public buildings, estimates that already an astounding 30% of all waste in the United States is construction and demolition waste. New construction is associated with an average of 3.9 pounds of waste per square foot while demolition yields an astounding 155 pounds of waste per square foot.6
When a building is haphazardly demolished to make way for new construction, not only are carbon emissions typically expended to tear it down and transport it for waste processing and disposal, but the former building, composed of many tons of carbon emissions and products arranged in a form useful to society, is rendered useless as waste, or much less useful to society as recyclable material. Instead, the builder replaces the demolished structure with new embodied carbon in constructing the new building, which generates new waste and additional emissions.

According to a 2011 study, even assuming a 30% increase in efficiency resulting from a newly constructed building, it takes 10 to 80 years for the newer and more efficiently operating building to ‘break even’ or offset the negative carbon impacts associated with replacing an average-performing existing building (not accounting for the “lost” carbon originally embodied in the original building).7 The following figure demonstrates the number of years required in Portland and Chicago for various forms of newly constructed efficient buildings replacing demolished inefficient buildings to ‘break even’ with or ‘overcome’ the new emissions associated with new construction (note: this figure does not include embodied emissions wasted as part of the original construction):
6 Monroe, Linda. Diverting Construction Waste | Buildings. https://www.buildings.com/department/article/10192921/diverting-construction-waste; See also, Sahabi, Ali. “Structural Retrofits Reduce the Carbon Footprint (Part 2 of 3) - USGBC-La.” USGBC, 25 Feb. 2023, https://usgbc-la.org/2023/02/09/structural-retrofits-reduce-the-carbon-footprint-part-2-of-3. 7 “National Trust for Historic Places: Return to Home Page.” The Greenest Building: Quantifying the Environmental Value of Building Reuse, Preservation Green Lab of the National Trust for Historic Preservation, 2011, https://forum.savingplaces.org/connect/community- home/librarydocuments/viewdocument?DocumentKey=227592d3-53e7-4388-8a73- c2861f1070d8&CommunityKey=00000000-0000-0000-0000-
000000000000&tab=librarydocuments, p. VIII.

Refer to the City Manager to Enhance the City’s Deconstruction and Construction Materials Management Enforcement and Regulations and Refer to the AAO #1 Budget Process $250,000 for Social Cost of Carbon Nexus Fee Study for Berkeley Origin Construction and Demolition Debris

CONSENT CALENDAR
November 28, 2023
6 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981- 6903 E-Mail: [email protected]
8 Since 2011, the advent of new insulation and electrification technologies make renovating or adapting older buildings more competitive in terms of reducing existing onsite carbon emissions.9 This referral takes the perspective that both the carbon avoided by reusing existing materials (as in the examples above) and the carbon used in the original construction need to be considered as impacts of C&D and be accounted for in addressing the climate emergency. In other words, existing buildings represent historic expenditures of carbon and demolition needs to be seen as both destroying the usefulness of past emissions and contributing new emissions.

The greenest building is the one that already exists.10 The best way to avoid new carbon emissions, and to repurpose or restore the use value of existing emissions, is to 8 Id.
9 Id., p. 20
10 Adam, Robert. “‘The Greenest Building Is the One That Already Exists.’” The Architects' Journal, 13 Aug. 2021, https://www.architectsjournal.co.uk/news/opinion/the-greenest-building-is-the-one-that- already-exists.

Refer to the City Manager to Enhance the City’s Deconstruction and Construction Materials Management Enforcement and Regulations and Refer to the AAO #1 Budget Process $250,000 for Social Cost of Carbon Nexus Fee Study for Berkeley Origin Construction and Demolition Debris

CONSENT CALENDAR
November 28, 2023
7 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981- 6903 E-Mail: [email protected]
preserve and renovate existing structures. To the extent that new or additional uses are needed, e.g., converting a single-family home into a multiplex, the lowest carbon path is to maintain as much of the original structure as possible with expansions and modifications as needed. Such a strategy maintains the integrity of the historic embodied carbon, and minimizes expenditure of new carbon emissions. For example, UC Berkeley’s new Engineering Center includes adaptive reuse which UC states “will significantly lower the carbon emissions of the project, including more than a 90% reduction in demolition.”11
A 2021 study conducted by ECONorthwest found that “conservatively speaking, residential and commercial demolitions in the City of Portland are responsible for 124,741 metric tons of CO2 emissions per year, which amounts to approximately 4.5 percent of the City’s total annual [emissions] reduction goal.”12 11 “Engineering Center.” Berkeley Engineering, 2 May 2023, engineering.berkeley.edu/about/facilities/engineering-center/. 12 Oregon, Restore. “Understanding the Carbon Cost of Demolition.” Restore Oregon, 1 Oct. 2021, https://restoreoregon.org/2021/04/12/understanding-the-carbon-cost-of-demolition/.

Refer to the City Manager to Enhance the City’s Deconstruction and Construction Materials Management Enforcement and Regulations and Refer to the AAO #1 Budget Process $250,000 for Social Cost of Carbon Nexus Fee Study for Berkeley Origin Construction and Demolition Debris

CONSENT CALENDAR
November 28, 2023
8 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981- 6903 E-Mail: [email protected]
13

Refer to the City Manager to Enhance the City’s Deconstruction and Construction Materials Management Enforcement and Regulations and Refer to the AAO #1 Budget Process $250,000 for Social Cost of Carbon Nexus Fee Study for Berkeley Origin Construction and Demolition Debris

CONSENT CALENDAR
November 28, 2023
9 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981- 6903 E-Mail: [email protected]
City of Berkeley’s Current Construction and Demolition Waste A 2017 StopWaste Waste Characterization Study for Alameda County found that approximately 10% of Berkeley’s total waste tonnage in 2016 resulted from C&D debris.14
15 This study predates the recent building boom associated with new local and statewide housing policies, economic developments, and COVID-19 related renovation trends. It may also not capture cross-jurisdictional disposal of waste.

A snapshot for the twelve months preceding April, 2023 suggests a substantial increase in C&D as compared to StopWaste’s 2016 study. As reported through the City’s Green Halo Systems dashboard, C&D waste was more than 18,000 tons, a staggering 244% increase from 2016 levels. Of this material, the City reported that only 567 tons were 13 Id.
14 “Alameda County 2017-18 Waste Characterization Study.” StopWaste - A Public Agency Reducing Waste in Alameda County, StopWaste, 5 Sept. 2018, https://www.stopwaste.org/resource/alameda- county-2017-18-waste-characterization-study.
15 Id.

Refer to the City Manager to Enhance the City’s Deconstruction and Construction Materials Management Enforcement and Regulations and Refer to the AAO #1 Budget Process $250,000 for Social Cost of Carbon Nexus Fee Study for Berkeley Origin Construction and Demolition Debris

CONSENT CALENDAR
November 28, 2023
10 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981- 6903 E-Mail: [email protected]
reused while 2,530 tons were disposed (landfill), and 15,073 recycled.16 The distribution of materials within each distinct material category is not clear. The Green Halo dashboard summarizes overall C&D by category over the same period as follows:
17 The author worked with Zero Waste staff to produce a snapshot of construction and demolition debris from Berkeley origin permitted, and non-Berkeley origin and unpermitted Berkeley origin projects for 2022:
16 City of Berkeley Recycling Center, City of Berkeley, Powered by Green Halo Systems and City of Berkeley, 5 Apr. 2023, https://berkeley.wastetracking.com/. 17 Id.

Refer to the City Manager to Enhance the City’s Deconstruction and Construction Materials Management Enforcement and Regulations and Refer to the AAO #1 Budget Process $250,000 for Social Cost of Carbon Nexus Fee Study for Berkeley Origin Construction and Demolition Debris

CONSENT CALENDAR
November 28, 2023
11 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981- 6903 E-Mail: [email protected]

Refer to the City Manager to Enhance the City’s Deconstruction and Construction Materials Management Enforcement and Regulations and Refer to the AAO #1 Budget Process $250,000 for Social Cost of Carbon Nexus Fee Study for Berkeley Origin Construction and Demolition Debris

CONSENT CALENDAR
November 28, 2023
12 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981- 6903 E-Mail: [email protected]
City of Berkeley’s Current Approach to C&D Waste
In furtherance of state law regulating C&D debris,18 the Building and Safety Permit Service Center currently maintain a “Construction Waste Management Plan”19 form applicable to the following projects:

1. Any non-residential projects requiring building permits.

2. Residential new buildings.

3. Residential projects that increase a building’s conditioned area, volume, or size.

4. Residential projects valued over $100,000.

5. Demolition permits valued over $3,000.

Projects are asked to disclose generally which methods they intend to use to reduce waste during construction:
20 Applicants then complete a more detailed “Construction Waste Management Plan” through the Green Halo web platform.

In addition, the form asks for information about weight tickets for disposed and recycled materials and photos of any salvaged/reused materials. This data is then uploaded and processed via the City’s Green Halo dashboard.
18 A minimum of 65% of the waste generated by construction and demolition activities must be diverted away from landfill disposal through any combination of recycling, salvage, reuse or composting. 100% of asphalt, concrete, and land clearing debris must be recycled. 19 Form #172 Construction Waste Management Plan - Berkeley, California. Building and Safety Permit Service Center, 19 Mar. 2021, https://berkeleyca.gov/sites/default/files/2022- 02/Waste%20Management%20Plan.pdf.
20 Id.

Refer to the City Manager to Enhance the City’s Deconstruction and Construction Materials Management Enforcement and Regulations and Refer to the AAO #1 Budget Process $250,000 for Social Cost of Carbon Nexus Fee Study for Berkeley Origin Construction and Demolition Debris

CONSENT CALENDAR
November 28, 2023
13 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981- 6903 E-Mail: [email protected]
21 Referral Overview: Enforcement and Consideration of New Requirements Drawing inspiration from neighboring jurisdictions such as Palo Alto and Portland, the proposed referral to the City Manager moves beyond the state’s simple percentage- based diversion, recycling, and reuse requirements, and towards defining specific building components that are potentially reusable and requiring a salvage survey provided by the City, a reuse organization, or other third party approved by the City.

These reporting requirements would need to be met prior to the issuance of a demolition permit. The survey is aimed at itemizing the potential materials and items eligible for salvage and reuse and the estimated weights, preparing the builder for source separation, and connecting builders directly to salvaging experts who may be able to connect the builder to organizations who can accept or purchase their material for reuse.

The threshhold would remain the same as in the current statute.

This approach is more proactive than state rules, which rely on the judgment of the builder, to avoid incentivizing (1) more destructive techniques of traditional demolition, and (2) recycling instead of reuse. In addition, the City now only requires the builder to self-certify that disposed material was diverted after demolition occurs (as opposed to a detailed site survey that estimates weights before demolition occurs).

The referral also requires deconstruction, which is defined as “the systematic and careful dismantling of a structure, typically in the opposite order it was constructed, in order to maximize the salvage of materials and parts for reuse and recycling.” Upon completion of the deconstruction and source separation of materials, the applicant or person responsible for the project may be required to ensure the items listed on the salvage survey are delivered to, collected by or received by, and certified by a reuse 21 Id.

Refer to the City Manager to Enhance the City’s Deconstruction and Construction Materials Management Enforcement and Regulations and Refer to the AAO #1 Budget Process $250,000 for Social Cost of Carbon Nexus Fee Study for Berkeley Origin Construction and Demolition Debris

CONSENT CALENDAR
November 28, 2023
14 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981- 6903 E-Mail: [email protected]
organization or other third party approved by the City, and shall submit to the City proof of delivery of salvage items in accordance with City regulations. This process creates a chain of custody of environmentally, labor, and carbon intensive resources, and incentivizes builders to prioritize designs and projects that minimize demolition in favor of adaptation.

In addition, this item includes a referral to the City Manager to conduct a nexus fee study in connection with a potential social cost of carbon fee applied to landfilled construction and demolition debris. The City Attorney’s office has advised that the nexus study must be completed before the Council can consider a fee.

FISCAL IMPLICATIONS
Staff time will be needed to implement the referrals.

ENVIRONMENTAL SUSTAINABILITY
Restoring or adapting embodied carbon in buildings is significantly less carbon intensive than demolition and new construction. In instances where restoration and adaptation are not feasible, reuse of materials through deconstruction is superior to traditional demolition techniques.

CONTACT PERSON
Councilmember Kate Harrison, Council District 4, (510) 981-7140

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

ACTION CALENDAR
November 28, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: LaTanya Bellow, Interim Director, Public Works Subject: Street Rehabilitation Five Year Plan for Fiscal Years 2024-2028

RECOMMENDATION
Adopt a Resolution adopting the Five Year Street Rehabilitation Plan for Fiscal Years 2024-2028.

SUMMARY
The Street Rehabilitation and Maintenance Policy requires a Five Year Street Rehabilitation Plan (Five Year Plan) be adopted by City Council on a biennial basis. The existing plan is nearly complete as City Council’s additional paving funding enabled more streets to be paved more quickly than planned, and some streets from the existing plan are being held over for various reasons. Staff are proposing the City Council adopt a new Five Year Plan so that Public Works can stay on track to pave next summer.

FISCAL IMPACTS OF RECOMMENDATION
The available funds for the Five Year Plan are derived from estimated available funding from the following: State Transportation (Gas) Taxes, Alameda County Transportation Sales Tax Measure BB, County Vehicle Registration Fee Measure F, Zero Waste, Storm Water, and the City of Berkeley’s General Fund. These funding sources and their estimated annual amounts are listed in Table 1 below.

The proposed Five Year Plan includes three important new revenue sources. First, on July 26, 2022, Council adopted the policy, Adequate General Fund Contribution for Street Maintenance to Prevent Deterioration of Pavement Condition, which committed an additional $8 million annually in General Funds for paving in perpetuity and adjusted the amount annually for inflation. The purpose of this policy was to prevent further deterioration of the City’s streets. This new source and its annual amount ($8M plus annual escalator) are listed in the table below as “CIP Fund/ Council Policy on Adequate Street Mtce.”
Second, Council included $1-$2 million annually in rate revenue from the Zero Waste Fund to offset the impact of Zero Waste collection vehicles on the City’s pavement. This revenue will transfer out of the Zero Waste Fund annually and into the City’s annual paving project.

Street Rehabilitation Five Year Plan for Fiscal Years 2024-2028 ACTION CALENDAR November 28, 2023

Table 1: Five Year Paving Program Funding Source Allocations by Year Fund Description FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 State Transportation Tax 495,303 495,303 495,303 495,303 495,303 Road Repair and
Accountability Act of 2017
1,700,000 1,700,000 1,700,000 1,700,000 1,700,000
Measure BB – Local
Streets & Roads
2,980,000 2,980,000 2,980,000 2,980,000 2,980,000
Measure F Vehicle -
Registration Fee
155,000 155,000 155,000 155,000 155,000
Capital Improvement
(CIP) Fund
2,127,562 1,925,000 1,925,000 1,925,000 1,925,000
CIP Fund/ Council Policy
on Adequate Street Mtce
5,996,598 8,937,022 9,205,132 9,481,286 9,765,725
Zero Waste Fund 1,000,000 1,000,000 1,000,000 2,000,000 2,000,000 Storm Water Fund 0 1,125,000 0 1,500,000 1,500,000
TOTAL 14,454,463 18,317,325 17,460,435 19,236,589 20,521,028 Third, the funding sources include the “Storm Water Fund” given the new Municipal Regional Permit (MRP) will require additional green infrastructure as described below.

CURRENT SITUATION AND ITS EFFECTS
The Council adopted a Street Rehabilitation and Maintenance Policy (Street Maintenance Policy), Resolution No. 70,204-N.S., on January 25, 2022. The policy requires a Five Year Plan be adopted by Council biennially in line with the City’s budgeting process, and that it do so after the advice of the Transportation and Infrastructure Commission (TIC). When Council adopted the Policy, it also adopted the first three years of a Five Year Plan, Equity Alternative (FY 22-25 Plan).

It is important that a new Five Year Plan be approved soon. With approval, Public Works will be on track to design, bid, and award the construction contract to pave FY 2024 streets in the summer of 2024 despite the Engineering Division’s 20%+ vacancy rate.

Given this vacancy rate’s effect on staff capacity, any delay in Council’s approval of this plan might risk either the FY 2024 annual paving project not proceeding or the project’s substantial delay. Approval of the proposed Five Year Plan also ensures proper coordination with utilities and related projects, and delivers on the commitment to longer planning horizons made in the Street Maintenance Policy and Vision 2050 Framework. If future changes are needed in the adopted Five Year Plan, those changes would be made in September – December 2025 as the next Five Year Plan is being developed and adopted.

Street Rehabilitation Five Year Plan for Fiscal Years 2024-2028 ACTION CALENDAR November 28, 2023

FY 2022-2025 Plan and Held Over Segments
On January 25, 2022, Council adopted the Five Year Plan, Equity Alternative. On June 28, 2022, Council adopted a budget that increased baseline paving funding from the General Fund by $5.1M in FY 2023 and $9.0M in FY 2024. These were historic and unprecedented investments in paving from the General Fund. Given the additional General Funds and staff’s ability to advance street segments from FY 2024 and FY 2025 to earlier years, Public Works will have paved all the segments of the current plan by the end of this current paving project albeit with some important exceptions. Several segments of the existing plan are being held over. Some segments had to be held over due to utility conflicts with EBMUD. The segment on Telegraph between Dwight and Bancroft was split into a different project and is awaiting funding for the design phase so is not ready to enter construction. In addition, the Hopkins project is on hold per the City Manager’s April 5, 2023 off agenda memo. These held over segments are listed at page 1 of Attachment 1, Proposed Five Year Plan, and staff are committed to ensuring these held over segments are completed as soon as possible and ideally no later than this five year period.

Each of the holdover segments are in different budget situations. The segments due to utility conflicts either have sufficient funding or can be funded out of the proposed utility coordination line discussed below. Staff are attempting to complete the segment on Woodmont from Rosemont to Woodmont Court in the current paving contract. If existing funds are not found for the Vistamont segments, these segments would be completed in the next summer or two using the utility coordination funds in the proposed Five Year Plan. The Telegraph Avenue segment between Dwight and Bancroft has no design or construction funding. This segment has been the subject of an unsuccessful 2022 federal earmark request for design funding. The Hopkins Project’s budget has changed significantly in the last few months. On June 13, Council removed $2,800,000 in budget from the Hopkins project in order to close the Measure T1 funding gap, and removed another $900,000 from the project’s budget in its adoption of the FY 2024 budget. Given these reductions, staff are aiming to find available funds in the amount of $2-2.5M to increase the current Hopkins project’s budget to ~$8 million, which would be roughly equal to the amount of funds to complete this project’s paving elements. However, the segment of Hopkins between Gilman and Sutter would trigger green infrastructure requirements and would require an additional $500,000-$775,000.

Table 2: Centerline Miles Paved
Fiscal Year Centerline Miles Paved
2019 (includes 2018) 5.3 (avg 2.15 annually)
2020 2.6
2021 1.9
2022 2.6
2023 (includes Southside) 7

Street Rehabilitation Five Year Plan for Fiscal Years 2024-2028 ACTION CALENDAR November 28, 2023

This table shows a dramatic increase in centerline miles paved in FY 2023, nearly 2-3 times the annual rate for the preceding four years. The increase in FY 2023 miles paved explains why the FY 2022-2025 plan is nearly complete early, all of which was enabled by Council’s increase to baseline paving funding.

Developing the proposed Five Year Plan (FY 2024-2028)
The proposed plan was developed in the following way. Staff began with years 4 and 5 of the existing Five Year Plan. Staff then looked at the arterial alternative that was part of the discussion in the last approved plan, and incorporated the segments from that arterial alternative in this proposed plan. Then staff fed funding assumptions into the City’s Streetsaver program. This program, based on the street’s condition, its point in its lifecycle, and the costs and effects of various treatments, strives to maximize the impact of every paving dollar invested so the dollar is stretched for the biggest impact. After Streetsaver’s proposed list of streets, staff run that list against utility conflicts, including sewer, water, electrical, telecom, or undergrounding. Then staff adjust the list in order to meet the various goals of the Street Maintenance Policy.

Proposed Five Year Plan (FY 2024-2028): Utility Coordination, Green Infrastructure, Daylighting
This plan incorporates new features that significantly advance the City’s efforts in utility coordination, green infrastructure deployment, and intersection daylighting.

First, the proposed plan includes funding reserves for use in coordinating with utility work, such as that performed by EBMUD and PG&E (“Utility Coordination” on the proposed Plan). These funds would be used to address the pavement in areas, not necessarily in the Plan, where the utilities are constructing large underground utility projects. In this way the utilities would be contributing funds that would have been used to pave their utility trench and the City would contribute funds to pave the remainder of the street width.

Typically, the utilities are resurfacing a 4 feet wide strip above their utility trench (per City standard trench resurfacing detail) leaving the rest of the street in its original condition.

If Council adopts the plan, staff would work with the utility companies, where appropriate, to maximize pavement funds through cooperation. Depending on the situation, this could be accomplished in the following three ways:
 Enter into reimbursement agreements with the utilities, on a case by case basis, whereby the City would perform the utilities’ trench resurfacing while paving the full width of the pavement. In this case, the utility would reimburse the City.  Enter into reimbursement agreements with the utilities, on a case by case basis, whereby the utility would perform the utilities’ trench resurfacing while paving the full width of the pavement. In this case, the City would reimburse the utility.  The City and the utility contract separately with the same contractor to pave the section of street for which each is responsible to construct. This would be similar to the way the City of Oakland cooperates with EBMUD.

Street Rehabilitation Five Year Plan for Fiscal Years 2024-2028 ACTION CALENDAR November 28, 2023

This change advances the Street Maintenance Policy’s focus on Dig Once, and it responds to a frequent complaint from residents that streets should be fully paved once utility work is complete. Future utility coordination may include the City recouping funds from the utilities to address the damage to paving caused by the utilities’ trucks operation on City streets, as the City is currently doing with its own Zero Waste collection vehicles.

Second, the City’s Municipal Regional Permit (MRP) requires as of July 1, 2023 that pavement reconstruction over one acre will require the installation of green infrastructure sufficient to treat that acreage. Staff estimate this cost to be approximately $750,000 per acre. This requirement is only triggered by “reconstructed” segments, i.e., where the paving project will touch the base of the roadway rather than merely resurface the roadway. Many cities, including Berkeley, are finding implementation of this rule challenging. Yet Public Works has identified the segments believed to be subject to this rule, as noted in the Treatment column of the plan as “Reconstruct.” The plan further proposes that the Storm Water Fund contribute up to a cap of $1.5 million in any individual year toward the costs of such treatments with the remainder contributed from the paving funds. These costs are included as a line item “MRP Requirements” on the proposed Plan.

The MRP requirements are beneficial to the City’s goal to add green infrastructure and detrimental to City’s goal to reach good, safe streets, given already insufficient funds for paving now will be diverted into green infrastructure. Public Works is exploring whether signature green infrastructure projects that treat large areas may better meet the City’s green infrastructure and paving goals, and reduce the tradeoffs given limited funding. For example, staff is working with the Regional Water Quality Control Board (RWQCB) to determine what large signature projects (and the methods employed within those projects) may enable the City to determine an area within which paving is occurring as already treated. Overall, the City has treated 29 acres in the right of way through green infrastructure and has a total of 41 green infrastructure installations.

Third, staff are not in this action seeking approval on a new daylighting intersection policy, but instead will return to Council in early 2024 with a draft daylighting intersection policy that implements daylighting as paving occurs. On February 28, 2023, Council unanimously adopted a referral to the City Manager to develop a comprehensive intersection daylighting policy. On April 25, 2023, Council prioritized this as their highest ranked new, unstarted referral. Given the priority and consistency with the City’s existing plans, staff will seek the Transportation and Infrastructure Commission’s input on the draft policy in November and return to Council for approval in early 2024. The draft policy will likely include that any street in the 5 Year Paving Plan “shall be” daylighted within 20 feet of the intersection, meaning the addition of red curb and/or removal of parking, to improve all users’ safety on the street. Staff had been considering focusing on arterials and collectors at first, but the new state law, AB 413, requires daylighting within 20 feet of any marked or unmarked crosswalk. Most intersections in Berkeley will be subject to this law.

Street Rehabilitation Five Year Plan for Fiscal Years 2024-2028 ACTION CALENDAR November 28, 2023

Given the new state law’s reach, daylighting and its associated red curbing in all paved segments will both improve safety for all users of these streets, and assist parkers in properly complying with the new state law and avoiding parking tickets.

The Proposed Five Year Plan and Its Compliance with the Street Maintenance Policy A map of the 5 Year Plan is included as Attachment 2. The map shows each street segment, color coded by year proposed for paving, and includes both Council district boundaries and Equity Zone boundaries.

The 5 Year Plan complies with the Street Maintenance Policy in the following ways:
 Advances the Dig Once approach
 Advances the Green Infrastructure Plan
 Consistent with Vision 2050 in moving toward long-term planning and focusing on maintenance
 Incorporates new funding sources from impacts of heavy vehicles  Shows percent of overall funding dedicated arterials, collectors, bus routes, existing and proposed low-street bikeway network, equity zone, and residential streets
 Shows how funding is prioritized to meetings the policy’s goals, including:
o prioritizes funding for arterials, treating 23% of miles even though arterials comprise 10% of City streets and, per our adopted Vision Zero Action Plan, where severe injuries and fatal traffic crashes are more likely to occur;
o prioritizes funding for collectors, treating 29% of miles even though collectors comprise 17% of City streets, and, per our adopted Vision Zero Action Plan, where severe injuries and fatal traffic crashes are more likely to occur;
o prioritizes funding for bikeways, treating 50% of miles even though bikeways comprise 30% of City streets; and
o prioritizes funding for the Equity Zone, treating 32% of miles even though streets in the Equity Zone comprise 21% of City streets In addition, the Plan also advances the purpose of Council’s Adequate General Fund Contribution for Street Maintenance to Prevent Deterioration of Pavement Condition policy. The policy’s purpose is to prevent further deterioration of the City’s streets. While Berkeley’s streets deterioration has occurred steadily over decades, this proposed plan maintains the citywide PCI in the mid 50’s.

Below are the projected PCI’s for these categories of streets.

Table 3: PCI Projections Current PCI PCI after Five Year Plan is Complete Citywide 55 57

Street Rehabilitation Five Year Plan for Fiscal Years 2024-2028 ACTION CALENDAR November 28, 2023

Arterials 58.7 55.1
Collectors 64.4 64.0
Bikeways 63.7 65.5
Bus Route 63 62
Equity Zone 53.2 65.5
The PCI projections for these categories have not been updated to reflect changes made to the Plan since reporting to the TIC (and reported below). In addition, these PCI projections for subcategories under project the PCI at end of plan as they do not include the Plan’s significant investment in paving via new utility coordination.

The Five Year Plan does not achieve the Street Maintenance Policy’s goal of good, safe streets. As defined by the Metropolitan Transportation Commission, “good” street condition is a PCI of 70 or above. Per the PCI projections above, neither the citywide network nor any of the subcategories of streets attain “good” street condition in the next five years. But the citywide PCI improves slightly, which is a first in many years; the PCIs for the equity zone and bike network do improve; and funding for arterials and collectors is at or near double the proportion of those streets to the overall street network. More funding is the only means by which the policy’s goal of good condition be attained and more progress be shown in the specific street categories.

Transportation and Infrastructure Commission’s Advice on the Five Year Plan and Changes to Staff’s Proposed Plan
At the September 21, 2023 Transportation and Infrastructure Commission (TIC) meeting, the following recommendation to City Council was adopted:

It was Moved / Seconded (Hedlund/Blackaby) to recommend that Council approve the Five Year Plan presented by City staff, with the following recommendations:
 Add Milvia from Hearst to Rose St., as a critical section of the bike boulevard network
 Create a “contingency list” to be ready if there are ever unused contingency funds available.
 Add these two segments to that contingency list: o Camelia St from 4th St to 6th St to 9th St from Heinz to Pardee
Ayes: Blackaby, Ghosh, Fixler, Hedlund, Lutzker, Parolek; Noes: Nesbitt; Abstain: None;

Absent: Raffanti, Walton (left meeting at 8:11pm); Recused: None Staff reviewed all three of the TIC’s proposed additions. Paving of Milvia from Hearst to Rose (PIC between 24 and 31) and 9th Street from Heinz to Pardee (PCI of 24) both would be consistent with the City’s adopted plans and Street Maintenance Policy.

Camelia Street from 4 th to 6 th Street (PCI of 46) would be consistent with the City’s adopted plans as it would provide a low stress connection between the Gilman Interchange project’s bicycle improvements and the existing bicycle boulevard connection

Street Rehabilitation Five Year Plan for Fiscal Years 2024-2028 ACTION CALENDAR November 28, 2023

at Camelia and 8 th Street. (Camelia between 8 th and San Pablo is already a bicycle boulevard and included for paving in the proposed 5 Year Plan.) The inclusion of these three segments would be beneficial, however the existing plan does not have sufficient money to pay for these additions. Staff have included a clause in this item’s resolution by which Council grants staff the authority to pave these street segments if either Council allocates additional funding for them, sufficient contingency remains on the City’s annual paving project, or grant funding frees up existing funds to pave one or more of these segments. If funding does not become available for these street segments, then staff will incorporate these segments in the development and adoption of the 5 Year Plan returning to Council in September to November 2025.

In addition, staff have updated the list of held over segments to include Telegraph between Bancroft and Dwight. This segment was on the existing 5 Year Plan as part of the bundle of streets for the Southside Complete Streets Project, but was separated from the project by Council on February 22, 2022, to explore limits on private automobiles on this segment.

Staff added Keeler (from Marin to Poppy) and deleted Wildcat from Spiral to East City Limit. Staff added Shattuck between Vine and Hearst and deleted McKinley. The funding for these added segments is offset by the savings from the corresponding subtracted segment.

Performance Measures
The Street Maintenance Policy requires the use of performance measures. Beside the reports on PCI above, Public Works updates its annual performance measures here:
https://berkeleyca.gov/your-government/about-us/departments/public-works (scroll down and press Performance and Work Measures Report). These measures are not limited to the condition of paving surface. They include our progress on implementing green infrastructure and measures important for all users of the street, e.g., the sidewalk repair backlog, percent of commute trips by solo vehicle occupant, miles of bicycle infrastructure, history of lane miles paved, and electrification of the City’s fleet.

Use of New Technologies
The Street Maintenance Policy suggests review of whether new technology “may provide enhanced durability, lower cost, and more environmentally beneficial impacts.” Staff will incorporate proven and cost-effective methods of pavement preservation, some that have never been used in the City, into the light maintenance streets. This potentially includes fiber seal, rubberized cape seal with micro-surfacing, and traditional rubberized cape seals. These methods are traditionally installed by specialized sub-contractors to the City’s larger paving projects, and staff are considering a separate procurement intended to save costs by reducing sub-contractors’ markup.

Pavement Condition, Vision 2050, and Asset Management

Street Rehabilitation Five Year Plan for Fiscal Years 2024-2028 ACTION CALENDAR November 28, 2023

The City has 214 miles of streets with a total replacement value of over $790 million. Our Pavement Condition Index (PCI) is in the mid-50s, which means that the condition of our streets is very much “at risk.” Total deferred maintenance in the City’s streets is in excess of $250 million. Many of the City’s streets have been neglected for so long that they are at the very expensive end of the life-cycle cost curve, as shown in Table 4 below. Without a significant infusion of more new revenue into street maintenance, street improvements will only become more expensive.

Table 4: Pavement Deterioration and Life Cycle Costs
Table 5 below shows the pavement condition index (PCI) projections under the draft 5 Year Plan, or new baseline, and prior plan, or prior baseline. This table shows the impact of Council’s approval of new revenue for paving. Under the prior baseline reflected by the blue line, the citywide PCI at the end of the plan would be 51, a decline of 5 points, and 42 by 2035.

The green line shows the PCI projection based on the proposed plan’s investments. The PCI will be 57 at the plan’s end and 58 by 2035.

Each of these scenarios also has an effect on the deferred maintenance in our pavement (some refer to this as a paving backlog). The prior baseline (blue line) results in projected deferred maintenance of $545 million by 2035. The new baseline (green) reduces deferred maintenance to $267 million by 2035. This shows that Council’s increased investments in paving over this time period reduce the deferred maintenance in paving by $278 million.

Street Rehabilitation Five Year Plan for Fiscal Years 2024-2028 ACTION CALENDAR November 28, 2023

Staff continue to review the information and assumptions in Table 5, so future versions of this chart may reflect more accurate and improved estimates.

After the Council adoption of this proposed Five Year Plan, the Engineering and Transportation Divisions will coordinate to identify specific transportation improvements from Council’s adopted plans that could be incorporated into the approved street repair projects. Where necessary, the Transportation Division’s Planning Unit may lead additional public engagement, design, environmental clearance processes, and/or potentially identify supplemental sources of funding for the transportation improvements.

Adoption of a Five Year Paving Plan advances the City’s Strategic Plan Priority goals to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities and to create a resilient, safe, connected, and prepared city.

BACKGROUND
The current state of Berkeley’s streets continues to be unacceptable. More information can be found in the City Auditor’s November 19, 2020 report, Rocky Road: Berkeley Streets at Risk and Significantly Underfunded . In addition, Public Works provides a biennial Pavement Management Program Update, which provides a description of pavement maintenance treatments, condition data by street segment, and funding scenarios to address deferred street maintenance. The Update is available at:
57 58
57 51
42 40
45 50
55 60
65 70
75 After
Planned
2023
Work
2025 2027 2029 2031 2033 2035
New Basel
ine in
Proposed 5 Year
Plan;
Maintain 2029-2035
(Avg. $20.2M/Yr)
($242.2M over 12
Years)
Prior Baseline:
$7M/Yr
($84M
over 12 Years)
Table 5: Paving Condition Projections
PCI Range
Year

Street Rehabilitation Five Year Plan for Fiscal Years 2024-2028 ACTION CALENDAR November 28, 2023

https://berkeleyca.gov/city-services/streets-sidewalks-sewers-and-utilities/street-repair.

This Update is responsive to the Street Maintenance Policy’s requests for “the level of funding and activities needed to expand roadway improvements to achieve the stated goals of this policy.”
By a large majority, voters approved Measure R in 2018, which proposed to develop “a 30-year plan to identify and guide implementation of climate-smart, technologically advanced, integrated, and efficient infrastructure to support a safe, vibrant and resilient future for Berkeley.” A group of community volunteers drafted a Vision 2050 Framework, approved by Council in September 2020, and one of the recommendations of that Framework was development of a Strategic Asset Management Plan, which was developed and accepted by Council along with an adopted Asset Management Policy.

That plan and policy prioritized ensuring our public assets are inventoried, condition assessed, and the use of asset management software. The street network is inventoried, has routine condition assessments, and uses asset management software.

The Street Maintenance Policy and Vision 2050 Framework both encourage integrated planning. Public Works implementation of Five Year Plans has and will continue to include integrated features such as American with Disabilities Act curb ramps, high visibility crosswalks, pervious concrete, speed humps, diverters, pedestrian refuges, traffic circles, and where technically and financially feasible, improvements recommended by the City’s adopted Pedestrian and Bicycle Plans. One of the challenges in implementing these plans’ elements is the required public processes. Should Council approve the full 5 Year Plan, staff have enough lead time to build much more of the pedestrian and bicycle plan improvements into the annual paving plan.

The draft Vision 2050 Program Plan’s first outcome is: Streets are Safer, More Sustainable, Improved to Good Condition, and Maintained. Street condition ranked as the City’s highest infrastructure need in an October 2021 scientific survey and April 2022 scientific survey, meetings with 25+ commissions and community organizations, and staff’s technical review. After overlaying this input with resiliency and sustainability criteria, the Vision 2050 Program Plan ranked streets, bicycle and pedestrian projects, and sidewalks as top priorities. In the October 2021 scientific survey, 73% of Berkeley residents ranked repairing deteriorating streets as either extremely or very important.

In addition, at least two community groups are considering street-related, citizens-led initiatives for the November 2024 ballot. These groups have requested Public Works to generate PCI projections based on two different tax amounts. Table 6 shows those projections.

Street Rehabilitation Five Year Plan for Fiscal Years 2024-2028 ACTION CALENDAR November 28, 2023

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Streets in good condition are lower stress and improve safety for those who bike, walk, or use public transit, thus are important for promoting non-automobile trips and lowering greenhouse gas emissions consistent with the City’s 2009 Climate Action Plan and Climate Emergency Declaration. The majority of pavement material that is removed from streets will be returned to the material supplier for processing and recycling for use as aggregate base or pavement aggregate.

RATIONALE FOR RECOMMENDATION
The proposed Plan complies with, and advances the priorities within, the City’s adopted Street Maintenance Policy, introduces more intersection daylighting and green infrastructure, and for the first time in many years, maintains the City’s paving condition over the course of the planning period.
57 55
60 65
70 75
80 After Planned 2023 Work
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
Draft Plan Baseline plus
$0.20/SqFt Parcel Tax
with 75%
revenue to
paving:

Avg. $33.3M/Yr to 2035,
Then
Avg. of $21.4M/Yr to
Maintain
Draft Plan Baseline plus
$0.15/ SqFt Parcel Tax
with 75%
revenue to
paving:

Avg. $29.0M/Yr in 2035,
Then
Avg. $19.9M/Yr to
Maintain
(S3) Baseline in Draft
5 Year Plan:

Avg. $23.8M Anually
Table 6: Paving Projection Scenarios
PCI Range
Year

Street Rehabilitation Five Year Plan for Fiscal Years 2024-2028 ACTION CALENDAR November 28, 2023

ALTERNATIVE ACTIONS CONSIDERED
Staff did not consider alternative actions as the Council is required to update the Five- Year Plan per the Policy. If no plan is approved, Public Works will have no streets to design for summer 2024 and no paving will occur. If only a portion of the years are approved, then that will conflict with the priorities in the Street Maintenance Policy and Vision 2050 Framework, which both urge long term planning, and fewer traffic safety improvements will be implemented through the annual paving project because staff will not be able to plan and conduct the necessary public process.

CONTACT PERSON
LaTanya Bellow, Public Works Interim Director, 510-981-7000 Ronald Nevels, Manager of Engineering, Public Works, 510-981-6439 Attachments:

1. Resolution
Exhibit A: Proposed Five-Year Street Rehabilitation Plan for FY 2024 to FY 2028 Exhibit B: Proposed Five-Year Street Rehabilitation Plan Map

RESOLUTION NO. ##,###-N.S.

ADOPTION OF THE FIVE-YEAR STREET REHABILITATION PLAN
FOR FY 2024 TO FY 2028
WHEREAS, the Street Rehabilitation Policy, Resolution No. 70,204-N.S. approved on January 25, 2022, requires a Five Year Street Rehabilitation Plan for the entire City be adopted by Council on a biennial basis; and
WHEREAS, the previously adopted plan included the list of streets in the first three years of the proposed Five Year Plan (FY 2023, FY 2024, and FY 2025); and WHEREAS, the adopted list of streets is either complete because City Council provided additional paving funding leading to streets being paved earlier than planned or due to some street segments being held over; and
WHEREAS, the Five Year Street Rehabilitation Plan is required to be reviewed and updated by the City Council, with advice from the Transportation and Infrastructure Commission; and
WHEREAS, the Transportation and Infrastructure Commission (TIC) reviewed and advised on the Five Year Street Rehabilitation Plan at its September 21, 2023 meeting; and
WHEREAS, Public Works will make its best effort to complete the full paving plan within the five year period and may reorder timing of approved pavement segments for operational reasons; and
WHEREAS, the TIC recommended finding funding to first pave Milvia from Hearst to Rose and then secondarily 9th Street from Heinz to Pardee and Camelia Street from 4th to 6th Street; and
WHEREAS, by approving this Five Year Plan, City Council is also granting staff the authority to pave the TIC recommended segments either if Council allocates additional money for these segments, there is sufficient contingency remaining on the City’s annual paving projects, or grant funds free up the money to complete any one or more of these segments.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Five Year Street Rehabilitation Plan for FY 2024 to FY 2028, attached here as Exhibit A with a full map of the Plan as Exhibit B, is adopted.

November 28, 2023

Exhibits
A: Proposed Five-Year Street Rehabilitation Plan for FY 2024 to FY 2028 B: Proposed Five-Year Street Rehabilitation Plan Map

EXHIBIT A
5-YEAR STREET REHABILITATION PLAN FOR FY 2024 TO FY 2028 Revised: 10/31/2023
Fiscal
Year Street Name From To Class
Treatment
(from
StreetSaver)
Updated Total
Cost MRP
Reqt
District Equity Zone P Mileage Current PCI Last M&R
Date
Last Paved
2023*
Holdover

CRESTON RD GRIZZLY PEAK

BLVD (N)
SUNSET LANE R Heavy Rehab 373,511 $ 6 N N 0.36 53 6/1/1995 RECONSTRUCT STRUCTURE 2023*
Holdover

GRIZZLY PEAK BLVD NORTH CITY

LIMIT (SPRUCE
ST)
EUCLID AVE C Heavy Rehab 412,165 $ 6 N 3C 0.20 23 11/1/1990 MILL AND THICK OVERLAY 2023*
Holdover
GRIZZLY PEAK BLVD EUCLID AVE KEELER AVE C Heavy Rehab 332,491 $ 6 N 3E, C 0.21 19 11/1/1990 MILL AND THICK OVERLAY 2023*
Holdover
GRIZZLY PEAK BLVD KEELER AVE MARIN AVE C Heavy Rehab 455,344 $ 6 N 3C*, C 0.27 19 10/1/1992 MILL AND OVERLAY W/FABRIC 2023
Holdover
HOPKINS ST SAN PABLO AVE STANNAGE AVE R Reconstruct see total below Y 1 N 4* 0.09 52 9/13/2002 MILL AND OVERLAY W/FABRIC 2023
Holdover
HOPKINS ST STANNAGE AVE NORTHSIDE AVE R Heavy Rehab see total below 1 N 4* 0.17 63 9/13/2002 MILL AND OVERLAY W/FABRIC 2023
Holdover
HOPKINS ST NORTHSIDE AVE PERALTA AVE R Heavy Rehab see to tal below 1 N 4* 0.10 70 9/13/2002 MILL AND OVERLAY W/FABRIC 2023
Holdover
HOPKINS ST PERALTA AVE GILMAN ST R Heavy Rehab see tota l below 1 N 4* 0.27 47 9/13/2002 MILL AND OVERLAY W/FABRIC 2023
Holdover
HOPKINS ST GILMAN ST SACRAMENTO ST R Reconstruct see total bel ow Y 1 N 4*, C 0.10 23 9/13/2002 MILL AND OVERLAY W/FABRIC 2023
Holdover
HOPKINS ST SACRAMENTO ST HOPKINS CT A Reconstruct see total bel ow Y 15 N 4*, C, VZ 0.04 45 9/13/2002 MILL AND OVERLAY W/FABRIC 2023
Holdover
HOPKINS ST HOPKINS CT MONTEREY AVE C Reconstruct see total bel ow Y 5 N 4*, C, VZ 0.05 41 9/13/2002 MILL AND OVERLAY W/FABRIC 2023
Holdover
HOPKINS ST MONTEREY AVE MC GEE AVE C Reconstruct see total below Y 5 N 4*, C 0.05 42 12/1/1989 RECONSTRUCT STRUCTURE (AC) 2023
Holdover
HOPKINS ST MC GEE AVE CARLOTTA AVE C Reconstruct see total below Y 5 N 4*, C 0.06 45 12/1/1989 RECONSTRUCT STRUCTURE (AC) 2023
Holdover
HOPKINS ST CARLOTTA AVE JOSEPHINE ST C Reconstruct see total below Y 5 N 4*, C 0.35 40 12/1/1989 MILL AND OVERLAY 2023
Holdover
HOPKINS ST JOSEPHINE ST THE ALAMEDA C Reconstruct see total below Y 5 N 4*, C 0.06 44 7/1/1991 RECONSTRUCT STRUCTURE 2023
Holdover
HOPKINS ST THE ALAMEDA SUTTER ST C Reconstruct 6,400,000 $ Y 5 N 4* 0.26 26 7/1/1991 MILL AND THICK OVERLAY 2023*
Holdover
ROSEMONT AVE CRESTON RD VISTAMONT AVE R Heavy Rehab 115,200 $ 6 N N 0.10 37 10/20/2000 MILL AND OVERLAY Holdover TELEGRAPH AVE BANCROFT WAY DWIGHT WAY C Heavy Rehab 467,840 $ 7 N 4*,C,VZ 0.25 38 7/1/1988 MILL AND OVERLAY W/FABRIC 2023*
Holdover
VISTAMONT AVE WOODMONT AVE SOUTH END R Heavy Rehab 262,044 $ 6 N N 0.25 39 N/A 2023*
Holdover

VISTAMONT AVE NORTH END WOODMONT

AVE NEAR

SUNSET LN
R Reconstruct 220,489$ 6 N N 0.10 9 N/A
2023*
Holdover

WOODMONT AVE WILDCAT

CANYON &

GRIZZLY PEAK
ROSEMONT AVE R Reconstruct 428,222$ 6 N N 0.22 22 N/A 2023*
Holdover
WOODMONT AVE ROSEMONT AVE SUNSET LANE R Light Rehab 196,444$ 6 N N 0.32 54 10/20/2000 THICK OVERLAY 2023*
Holdover

WOODMONT CT WOODMONT AVE
(NORTH)

WOODMONT

AVE (SOUTH)
R Heavy Rehab 58,267$ 6 N N 0.05 36 N/A
CONTINGENCY 332,202$
MRP REQUIREMENTS 4,125,000$
TOTAL 14,179,220$ 3.96
Telegraph Total $ 467,840
Hopkins Total 10,525,000$
Woodmont Cluster Total $ 3,186,380
Note: Column P denotes presence of bike facility type (1 paved path, 2A 2B bike lane, 3A sign-only, 3C Sharrows, 3E bike blvd, 4 cycle track); C for bus route; VZ for Vision Zero; and N for none.

Proposed bike facilities from 2017 Bike Plan. Draft 5-Year Street Rehabilitation Plan FY 2024-2028_v18.xlsx

5-YEAR STREET REHABILITATION PLAN FOR FY 2024 TO FY 2028 Revised: 10/31/2023 Fiscal
Year Street Name From To Class
Treatment
(from
StreetSaver)
Updated Total
Cost MRP
Reqt
District Equity Zone P Mileage Current PCI Last M&R
Date
Last Paved
2024 7TH ST HARRISON ST CAMELIA ST R Heavy Rehab 420,000 $ 1 Y N 0.26 19 N/A 2024 7TH ST CAMELIA ST VIRGINIA ST R Heavy Rehab 674,400 $ 1 Y N 0.38 35 4/1/2001 MILL AND OVERLAY W/FABRIC 2024 7TH ST VIRGINIA ST UNIVERSITY R Heavy Rehab 550,000 $ 1 Y N 0.31 30 11/1/1990 MILL AND OVERLAY W/FABRIC 2024 10TH ST CAMELIA ST CEDAR ST R Heavy Mtce 123,600$ 1 Y N 0.25 62 4/1/2001 RECONSTRUCT STRUCTURE 2024 10TH ST CEDAR ST VIRGINIA ST R Heavy Rehab 228,000 $ 1 Y N 0.13 45 4/1/2001 MILL AND OVERLAY W/FABRIC 2024 10TH ST VIRGINIA ST DELAWARE ST R Reconstruct 454,800$ 1 Y N 0.13 10 9/1/1991 MILL AND OVERLAY W/FABRIC 2024 10TH ST DELAWARE ST UNIVERSITY AVE R Reconstruct 647,200$ 1 Y N 0.18 11 9/1/1991 MILL AND OVERLAY W/FABRIC 2024 ACROFT CT ACTON ST DEAD END R Heavy Mtce 12,000$ 2 Y N 0.05 60 11/1/1988 RECONSTRUCT SURFACE 2024 ACTON CIRCLE DEAD END ACTON R Reconstruct 57,920$ 2 Y N 0.02 25 N/A 2024 ACTON CRESCENT ACTON ST EAST DEAD R Reconstruct 179,853$ 2 Y N 0.09 27 N/A 2024 ACTON ST ADDISON ST UNIVERSITY R Heavy Rehab 102,667 $ 2 Y N 0.06 41 8/10/1998 MILL AND OVERLAY W/FABRIC 2024 ACTON ST ADDISON ST BANCROFT WAY R Heavy Rehab 372,000 $ 2 Y N 0.26 42 12/1/1987 RECONSTRUCT SURFACE 2024 ACTON ST BANCROFT WAY DWIGHT WAY R Reconstruct 884,480$ 2 Y N 0.25 17 10/1/1992 MILL AND THICK OVERLAY 2024 ACTON ST DWIGHT WAY BLAKE ST R Heavy Rehab 114,400$ 2 Y N 0.06 36 6/16/2000 RECONSTRUCT SURFACE 2024 ACTON ST BLAKE ST PARKER ST R Reconstruct 231,200$ 2 Y N 0.06 12 N/A 2024 ACTON ST PARKER ST WARD ST R Reconstruct 635,120$ 2 Y N 0.17 15 10/1/1992 MILL AND OVERLAY W/FABRIC 2024 CAMELIA ST 8TH ST SAN PABLO AVE R Reconstruct 697,680$ 1 Y 3E 0.20 19 4/1/2001 RECONSTRUCT SURFACE 2024 CHANNING WAY SAN PABLO AVE SACRAMENTO R Heavy Rehab 914,500 $ 2 Y 3E 0.53 50 9/2/2008 MILL AND THICK OVERLAY 2024* CORNELL AVE NORTH CITY GILMAN ST R Heavy Rehab 102,000 $ 1 N N 0.14 40 11/1/1986 MILL AND OVERLAY W/FABRIC 2024 DERBY ST MABEL ST SACRAMENTO ST R Heavy Rehab 456,020 $ 2 Y 3E 0.25 32 10/1/1992 MILL AND OVERLAY W/FABRIC 2024 EUCLID AVE GRIZZLY PEAK MARIN AVE C Heavy Mtce 311,242$ 6 N C 0.58 73 11/30/2001 RECONSTRUCT STRUCTURE 2024 EUCLID AVE MARIN AVE REGAL RD R Heavy Mtce 96,667$ 6 N C 0.11 69 11/21/2001 RECONSTRUCT STRUCTURE 2024 EUCLID AVE REGAL RD CRAGMONT C Heavy Mtce 180,778$ 6 N C 0.28 71 11/30/2001 RECONSTRUCT STRUCTURE 2024 GILMAN ST SAN PABLO AVE SANTA FE AVE A Heavy Rehab 683,116 $ 1 N 4*, C 0.27 48 10/2007 MILL AND OVERLAY 2024 HEARST AVE 6TH ST SAN PABLO AVE C Reconstruct 1,306,200 $ 1 Y N 0.31 25 10/1/1994 MILL AND OVERLAY W/FABRIC 2024 KEITH AVE SPRUCE ST EUCLID AVE C Heavy Mtce 106,759$ 6 N N 0.28 70 6/5/2016 SLURRY SEAL 2024 KEITH AVE EUCLID AVE SHASTA RD C Heavy Mtce 181,120$ 6 N N 0.49 74 6/5/2016 SLURRY SEAL 2024 MABEL ST DWIGHT WAY PARKER ST R Heavy Rehab 236,400 $ 2 Y 3E 0.12 31 9/1/1993 MILL AND OVERLAY W/FABRIC 2024 MABEL ST PARKER ST DERBY ST R Reconstruct 468,400$ 2 Y 3E 0.12 21 10/1/1992 MILL AND OVERLAY W/FABRIC 2024 MABEL ST DERBY ST WARD ST R Heavy Rehab 97,400$ 2 Y 3E 0.06 33 10/1/1992 MILL AND OVERLAY W/FABRIC 2024 SHATTUCK AVE VINE ST CEDAR ST A Heavy Rehab 283,262$ 5 N C,VZ 0.13 21 10/1/1996 RECONSTRUCT SURFACE 2024 SHATTUCK AVE CEDAR ST HEARST AVE A Heavy Rehab 716,738 $ 4 N C,VZ 0.32 22 10/1/1996 RECONSTRUCT SURFACE 2024 SPRUCE ST GRIZZLY PEAK ALTA RD C Heavy Mtce 80,090$ 56 N 3C, C 0.15 70 8/12/2005 RECONSTRUCT STRUCTURE 2024 SPRUCE ST ALTA RD MARIN AVE C Light Mtce 183,713$ 56 N 3C, C 0.83 76 8/12/2005 RECONSTRUCT STRUCTURE 2024 SPRUCE ST MARIN AVE ARCH ST C Light Mtce 94,599$ 56 N 3C, C 0.33 72 8/12/2005 RECONSTRUCT STRUCTURE 2024 SPRUCE ST EUNICE ST ROSE ST C Heavy Mtce 126,430$ 56 N 3C, C 0.26 66 6/15/2016 ARAM CAPE SEAL 2024 SPRUCE ST ROSE ST VINE ST R Heavy Mtce 56,865$ 56 N 3C 0.13 69 12/1/2017 ARAM CAPE SEAL 2024 SPRUCE ST VINE ST CEDAR ST R Heavy Mtce 54,809$ 56 N 3C 0.13 67 6/15/2016 ARAM CAPE SEAL 2024 SPRUCE ST CEDAR ST VIRGINIA ST R Light Mtce 35,171$ 6 N 3C 0.13 87 10/10/2016 RECONSRUCT SURFACE 2024 SPRUCE ST VIRGINIA ST HEARST AVE R Heavy Mtce 91,696$ 6 N 3C 0.20 64 6/15/2016 SLURRY SEAL 2024 VIRGINIA ST SAN PABLO AVE ACTON ST R Light Mtce 86,000$ 1 N 3E 0.47 82 8/29/2008 MILL AND THICK OVERLAY 2024 VIRGINIA ST ACTON ST SACRAMENTO R Heavy Mtce 91,367$ 1 N 3E 0.13 74 8/29/2008 MILL AND THICK OVERLAY 2024 VIRGINIA ST SACRAMENTO MC GEE AVE C Heavy Rehab 502,440 $ 1 N 3E 0.24 48 7/21/1997 MILL AND OVERLAY W/FABRIC 2024 VIRGINIA ST MC GEE AVE GRANT ST C Heavy Mtce 79,180$ 1 N 3E 0.13 60 6/1/1995 MILL AND OVERLAY W/FABRIC 2024 VIRGINIA ST GRANT ST MARTIN C Light Mtce 38,800$ 1 N 3E 0.13 78 6/1/1995 MILL AND OVERLAY W/FABRIC 2024 UTILITY COORDINATION 365,000$
CONTINGENCY 1,404,708$
MRP REQUIREMENTS -$
TOTAL FUNDING 16884585 15,816,790$ 10.08
32% bike/ped
* in Fiscal Year column denotes coordination with EBMUD project 35% bike/ped not incl contingency or MRP reqts Note: Column P denotes presence of bike facility type (1 paved path, 2A 2B bike lane, 3A sign-only, 3C Sharrows, 3E bike blvd, 4 cycle track); C for bus route; VZ for Vision Zero; and N for none.

Proposed bike facilities from 2017 Bike Plan. Draft 5-Year Street Rehabilitation Plan FY 2024-2028_v18.xlsx

5-Y EAR STREET REHABILITATION PLAN FOR FY 2024 TO FY 2028 Revised: 10/31/2023 Fiscal
Year Street Name From To Class
Treatment
(from
StreetSaver)
Updated Total
Cost

MRP
Reqt
District Equity Zone P Mileage Current PCI Last M&R
Date
Last Paved
FISCAL YEAR 2024 TOTALS
Total Estimated Cost and Miles $15,816,790 10.08 miles
Cost w/o Miles w/o
Mileage Estimated Cost % Cost % Mileage District Cost Miles Arterials Arterials Arterials 0.71 $1,683,116 12% 7% 1 $6,684,783 3.65 $6,001,667 3.38 Collectors 4.00 $3,191,352 22% 40% 2 $4,762,360 2.10 $4,762,360 2.10 Residentials 5.36 $9,172,614 64% 53% 3 $0 0.00 $0 0.00
4 $716,738 0.32 $0 0.00
Bikeways 4.79 $5,074,676 35% 48% 5 $581,515 1.03 $298,253 0.91 Curb Ramps $756,000 5% 6 $1,301,686 2.97 $1,301,686 2.97 Total $5,830,676 40% 7 $0 0.00 $0 0.00
8$ 0 0 .00 $0 0.00
Equity Zone 4.24 $9,864,240 68% 42% $14,047,082 10.08 $12,363,966 9.36 Equity Zone w/Arterials 4.24 $9,864,240 68% 42%
Note: Column P denotes presence of bike facility type (1 paved path, 2A 2B bike lane, 3A sign-only, 3C Sharrows, 3E bike blvd, 4 cycle track); C for bus route; VZ for Vision Zero; and N for none.

Proposed bike facilities from 2017 Bike Plan. Draft 5-Year Street Rehabilitation Plan FY 2024-2028_v18.xlsx

5-YEAR STREET REHABILITATION PLAN FOR FY 2024 TO FY 2028 Revised: 10/31/2023 Fiscal
Year Street Name From To Class
Treatment
(from
StreetSaver)
Updated Total
Cost MRP
Reqt
District Equity Zone P Mileage Current PCI Last M&R
Date
Last Paved
2025 ALLSTON WAY MILVIA ST SHATTUCK AVE R Heavy Rehab 228,800$ 4N N 0 . 1 4 37 11/1/1990 MILL AND THIN OVERLAY 2025 ARLINGTON AVE NORTH CITY THOUSAND C Heavy Mtce 343,375$ 5 N 3C,C 0.51 65 1/21/2005 RECONSTRUCT STRUCTURE 2025 ARLINGTON AVE THOUSAND THE CIRCLE C Heavy Mtce 420,916$ 5 N 3C,C 0.56 65 1/21/2005 RECONSTRUCT STRUCTURE 2025 BANCROFT WAY SAN PABLO AVE WEST ST R Heavy Mtce 121,920$ 2 Y N 0.29 54 12/1/1987 RECONSTRUCT SURFACE 2025 BANCROFT WAY WEST ST SACRAMENTO R Heavy Mtce 89,680$ 2 Y N 0.21 69 12/1/1987 RECONSTRUCT SURFACE 2025 BANCROFT WAY SACRAMENTO MARTIN R Heavy Rehab 940,800$ 4 N N 0.50 33 11/1/1990 MILL AND THIN OVERLAY 2025 CALIFORNIA ST OREGON ST ASHBY AVE R Heavy Rehab 363,667$ 3 Y 3E 0.18 34 10/1/1994 MILL AND OVERLAY W/FABRIC 2025 EUCLID AVE BAYVIEW PL CEDAR ST C Heavy Rehab 695,412$ 6 N 3C, C 0.36 28 11/1/1990 MILL AND OVERLAY W/FABRIC 2025 EUCLID AVE CEDAR ST HEARST AVE C Heavy Rehab 614,509$ 6 N 3C, C 0.31 41 11/1/1990 MILL AND OVERLAY W/FABRIC 2025 HARMON ST IDAHO ST SACRAMENTO R Reconstruct 829,900$ 2 Y 3E 0.19 15 9/1/1991 MILL AND OVERLAY W/FABRIC 2025 HASTE ST PIEDMONT AVE COLLEGE AVE A Heavy Rehab 270,400$ 7 N VZ 0.12 43 8/1/1993 MILL AND OVERLAY W/FABRIC 2025 HASTE ST COLLEGE AVE BOWDITCH ST A Heavy Rehab 313,947$ 7 N VZ 0.13 41 8/1/1993 MILL AND OVERLAY W/FABRIC 2025 HASTE ST BOWDITCH ST FULTON ST A Heavy Rehab 1,304,756$ 47 N VZ 0.51 35 8/1/1993 MILL AND OVERLAY W/FABRIC 2025 HASTE ST FULTON ST SHATTUCK AVE A Heavy Rehab 241,280$ 4 N VZ 0.11 29 8/1/1993 MILL AND OVERLAY W/FABRIC 2025 IDAHO ST 66TH ST ALCATRAZ AVE R Reconstruct 547,888$ 2 Y 3E 0.16 18 5/1/1996 THIN AC OVERLAY 2025 KEELER AVE MARIN AVE MILLER AVE R Reconstruct 384,878$ 6 N N 0.19 14 8/1/1991 MILL AND THICK OVERLAY 2025 KEELER AVE MILLER AVE POPPY LN R Reconstruct 208,800$ 6 N N 0.11 17 8/1/1991 MILL AND THICK OVERLAY 2025 MABEL ST WARD ST RUSSELL ST R Heavy Rehab 388,790$ 2 Y 3E 0.23 29 9/1/1991 MILL AND OVERLAY W/FABRIC 2025 MABEL ST RUSSELL ST ASHBY AVE R Heavy Rehab 178,360$ 2 Y 3E 0.10 32 9/1/1991 MILL AND OVERLAY W/FABRIC 2025 MABEL ST ASHBY AVE 66TH ST R Heavy Mtce 111,480$ 2 Y 3E 0.24 71 6/30/2010 MILL AND THIN OVERLAY 2025 MATHEWS ST WARD ST RUSSELL ST R Heavy Rehab 392,560$ 2 Y N 0.23 25 11/1/1990 MILL AND THIN OVERLAY 2025 MENDOCINO AVE ARLINGTON AVE LOS ANGELES R Reconstruct 721,600$ 5 N N 0.31 22 N/A 2025 MENDOCINO PL MENDOCINO AVE LOS ANGELES R Reconstruct 52,116$ 5 N N 0.02 21 N/A 2025 OREGON ST SAN PABLO AVE MABEL ST R Reconstruct 537,740$ 2 Y 3E 0.15 18 11/1/1990 MILL AND THIN OVERLAY 2025 OREGON ST CALIFORNIA ST GRANT ST R Reconstruct 895,264$ Y 3 Y N 0.25 10 10/1/1992 MILL AND OVERLAY W/FABRIC 2025 OREGON ST GRANT ST MARTIN LUTHER KING R Heavy Rehab 156,000$ 3 Y N 0.09 31 6/16/2000 RECONSTRUCT SURFACE 2025 PARK ST WARD ST BURNETT ST R Reconstruct 894,128$ Y 2 Y N 0.26 18 9/1/1991 MILL AND OVERLAY W/FABRIC 2025 RUSSELL ST SAN PABLO AVE PARK ST R Reconstruct 815,755$ Y 2 Y 3E 0.23 29 9/1/1991 MILL AND OVERLAY W/FABRIC 2025 SACRAMENTO ST UNIVERSITY AVE DWIGHT WAY A Light Mtce 224,075$ 24 Y C,VZ 0.57 69 12/2/2011 MILL AND THICK OVERLAY 2025 SACRAMENTO ST (SB) DWIGHT WAY OREGON ST A Light Mtce 98,560$ 23 Y C,VZ 0.44 75 11/21/2011 RECONSTRUCT STRUCTURE 2025 SACRAMENTO ST (NB) OREGON ST DWIGHT WAY A Light Mtce 101,640$ 23 Y C,VZ 0.44 82 11/21/2011 RECONSTRUCT STRUCTURE 2025 SACRAMENTO ST OREGON ST ASHBY AVE A Light Mtce 97,764$ 23 Y C,VZ 0.19 86 11/21/2011 RECONSTRUCT STRUCTURE 2025 SACRAMENTO ST ASHBY AVE SOUTH CITY LIMIT A Light Mtce 184,662$ 2 Y C,VZ 0.41 84 6/26/2013 MILL AND OVERLAY 2025 WALLACE ST WARD ST RUSSELL ST R Reconstruct 790,089$ 2 Y N 0.23 17 11/1/1990 MILL AND THIN OVERLAY 2025 WILDCAT CANYON RD GRIZZLY PEAK SUNSET LANE C Light Mtce 121,347$ 6 N 3C 0.71 78 7/25/2014 MILL AND OVERLAY 2025 WILDCAT CANYON RD SUNSET LN THE SPIRAL C Light Mtce 72,734$ 6 N 3C 0.45 78 7/25/2014 MILL AND OVERLAY 2025 UTILITY 913,000$
CONTINGENCY 1,475,559$
MRP REQUIREMENTS 1,125,000$
18269887 $18,269,150 10.11
33% bike/ped
39% bike/ped not incl contingency or MRP reqts
Note: Column P denotes presence of bike facility type (1 paved path, 2A 2B bike lane, 3A sign-only, 3C Sharrows, 3E bike blvd, 4 cycle track); C for bus route; VZ for Vision Zero; and N for none.

Proposed bike facilities from 2017 Bike Plan. Draft 5-Year Street Rehabilitation Plan FY 2024-2028_v18.xlsx

5-YEAR STREET REHABILITATION PLAN FOR FY 2024 TO FY 2028 Revised: 10/31/2023 Fiscal
Year Street Name From To Class
Treatment
(from
StreetSaver)
Updated Total
Cost MRP
Reqt
District Equity Zone P Mileage Current PCI Last M&R
Date
Last PavedFISCAL YEAR 2025 TOTALS
Total Estimated Cost and Miles $18,269,150 10.11 miles
Cost w/o Miles w/o
Mileage Estimated Cost % Cost % Mileage District Cost Miles Arterials Arterials Arterials 2.91 $2,837,084 18% 29% 1 $0 0.00 $0 0.00
Collectors 2.89 $2,268,293 14% 29% 2 $6,143,972 3.74 $5,698,290 2.51 Residentials 4.31 $9,650,214 62% 43% 3 $1,563,913 1.05 $1,414,931 0.51 4 $2,175,296 1.28 $1,169,600 0.64
Bikeways 4.37 $6,041,873 39% 43% 5 $1,538,007 1.40 $1,538,007 1.40 Curb Ramps $0 0% 6 $2,097,680 2.13 $2,097,680 2.13
Total $6,041,873 39% 7 $1,236,725 0.50 $0 0.00
8$ 0 0 .00 $0 0.00
Equity Zone 2.53 $6,901,621 44% 25% $14,755,591 10.11 $11,918,507 7.20 Equity Zone w/Arterials 4.57 $7,608,322 49% 45%
Note: Column P denotes presence of bike facility type (1 paved path, 2A 2B bike lane, 3A sign-only, 3C Sharrows, 3E bike blvd, 4 cycle track); C for bus route; VZ for Vision Zero; and N for none.

Proposed bike facilities from 2017 Bike Plan. Draft 5-Year Street Rehabilitation Plan FY 2024-2028_v18.xlsx

5-Y EAR STREET REHABILITATION PLAN FOR FY 2024 TO FY 2028 Revised: 10/31/2023 Fiscal
Year Street Name From To Class
Treatment
(from
StreetSaver)
Updated Total
Cost

MRP
Reqt
District Equity Zone P Mileage Current PCI Last M&R
Date
Last Paved
2026 ACTON ST WARD ST RUSSELL ST R Reconstruct 781,024$ 2 Y N 0.22 16 10/1/1992 MILL AND OVERLAY W/FABRIC 2026 ACTON ST RUSSELL ST ASHBY AVE R Light Mtce 16,183$ 2 Y N 0.09 77 6/15/2016 ARAM CAPE SEAL 2026 ADDISON ST AQUATIC PARK RRX R Heavy Mtce 42,898$ 2 N 3E 0.09 69 2/24/2012 RECONSTRUCT STRUCTURE 2026 ADDISON ST RRX 4TH ST R Light Mtce 13,304$ 2 N 3E 0.06 80 8/27/1987 MILL AND OVERLAY W/FABRIC 2026 ADDISON ST 4TH ST 6TH ST R Reconstruct 470,580$ 2 Y 3E 0.13 18 8/27/1987 MILL AND OVERLAY W/FABRIC 2026* ADDISON ST 6TH ST SAN PABLO AVE R Reconstruct 1,146,652$ 2 Y 3E 0.31 16 8/27/1997 MILL AND OVERLAY W/FABRIC 2026 ADDISON ST SAN PABLO AVE CURTIS ST R Reconstruct 485,880$ 2 Y 3E 0.14 23 8/18/1997 MILL AND OVERLAY W/FABRIC 2026 ALCATRAZ AVE SACRAMENTO ST ADELINE ST C Heavy Mtce 224,284$ 3 Y 2B 0.35 65 N/A 2026 ALCATRAZ AVE ADELINE ST CITY LIMIT C Light Mtce 63,833$ 3 N 2A 0.17 91 8/14/2015 MILL AND OVERLAY 2026 COLUSA AVE SOLANO AVE MARIN AVE C Heavy Mtce 90,462$ 5 N 2A 0.13 68 12/1/1989 RECONSTRUCT STRUCTURE 2026 DOHR ST WARD ST RUSSELL ST R Reconstruct 791,520$ 2 Y N 0.22 19 10/1/1992 MILL AND OVERLAY W/FABRIC 2026 DOHR ST RUSSELL ST ASHBY AVE R Reconstruct 202,035$ 2 Y N 0.09 21 10/1/1992 MILL AND OVERLAY W/FABRIC 2026 FRANCISCO ST SACRAMENTO MARTIN R Reconstruct 1,796,160$ 1 N N 0.49 19 10/1/1995 RECONSTRUCT SURFACE 2026 GRIZZLY PEAK BLVD HILL RD EAST CITY LIMIT C Heavy Rehab 841,827$ 6 N 3C, C 0.48 50 11/1/1986 THICK OVERLAY W/FABRIC 2026 HARMON ST SACRAMENTO ST ADELINE ST R Heavy Mtce 249,800$ 3 Y 3E 0.38 63 12/1/1989 RECONSTRUCT STRUCTURE 2026 MARIN AVE WEST CITY LIMIT THE ALAMEDA A Light Mtce 160,300$ 5 N 2A,VZ 0.31 81 11/30/2011 MILL AND THICK OVERLAY 2026 MARIN AVE THE ALAMEDA THE CIRCLE A Light Mtce 111,800$ 5 N 2A,C,VZ 0.22 79 11/30/2011 MILL AND THICK OVERLAY 2026 MARTIN LUTHER KING YOLO AVE CEDAR ST A Heavy Mtce 313,200$ 5 N C,VZ 0.49 52 8/11/2008 MILL AND THICK OVERLAY 2026 MARTIN LUTHER KING CEDAR ST UNIVERSITY AVE A Heavy Mtce 496,440$ 14 N C,VZ 0.56 61 8/11/2008 MILL AND THICK OVERLAY 2026 MARTIN LUTHER KING UNIVERSITY AVE ADDISON ST A Heavy Rehab 246,412$ 4 N C,VZ 0.06 90 3/26/2022 SLURRY SEAL 2026 MARTIN LUTHER KING ADDISON ST ALLSTON WAY A Heavy Rehab 461,067$ 4 N C,VZ 0.13 53 8/11/2008 MILL AND THICK OVERLAY 2026 MARTIN LUTHER KING ALLSTON WAY DWIGHT WAY A Light Rehab 997,920$ 4 N C,VZ 0.38 62 8/11/2008 MILL AND THICK OVERLAY 2026 MARTIN LUTHER KING DWIGHT WAY ASHBY AVE A Light Rehab 1,705,032$ 3 Y C,VZ 0.64 55 8/11/2008 MILL AND THICK OVERLAY 2026 MARTIN LUTHER KING ASHBY AVE WOOLSEY/ADELINE A Heavy Mtce 192,075$ 3 Y C,VZ 0.19 65 8/11/2008 MILL AND THICK OVERLAY 2026 MONTEREY AVE MARIN AVE THE ALAMEDA C Light Mtce 27,111$ 5 N C 0.08 85 11/30/2011 MILL AND THICK OVERLAY 2026 OREGON ST PARK ST SACRAMENTO R Reconstruct 640,912$ 2 Y N 0.19 24 11/1/1990 MILL AND THIN OVERLAY 2026 RUSSELL ST PARK ST SACRAMENTO R Reconstruct 685,276$ 2 Y 3E 0.19 25 8/1/1993 MILL AND OVERLAY W/FABRIC 2026 SACRAMENTO ST HOPKINS ST ROSE ST A Heavy Mtce 127,212$ 15 NV Z 0 .15 59 12/1/1989 RECONSTRUCT STRUCTURE 2026 SACRAMENTO ST ROSE ST CEDAR ST A Heavy Mtce 167,310$ 15 NV Z 0 .16 60 8/26/2008 MILL AND THICK OVERLAY 2026 SACRAMENTO ST CEDAR ST VIRGINIA ST A Heavy Rehab 530,613$ 2 N C,VZ 0.13 44 8/26/2008 MILL AND THICK OVERLAY 2026 SACRAMENTO ST VIRGINIA ST UNIVERSITY A Light Mtce 169,280$ 2 N C,VZ 0.30 84 8/14/2015 MILL AND OVERLAY 2026 SOLANO AVE TULARE AVE COLUSA AVE C Light Mtce 80,710$ 5 N 4*,C 0.14 79 8/9/2005 RECONSTRUCT STRUCTURE 2026 SOLANO AVE COLUSA AVE THE ALAMEDA C Light Mtce 52,850$ 5 N 4*,C 0.14 78 8/9/2005 RECONSTRUCT STRUCTURE 2026 SOLANO AVE THE ALAMEDA CONTRA COSTA C Heavy Mtce 62,043$ 5 N 4*,C 0.10 70 12/1/2017 SLURRY SEAL 2026 NORTHBRAE TUNNEL CONTRA COSTA DEL NORTE ST C Light Mtce 38,728$ 5 N 4*,C 0.27 92 11/30/2017 RECONSTRUCT STRUCTURE 2026 THE ALAMEDA SOLANO AVE MARIN AVE A Light Mtce 91,000$ 5 N 4*,C 0.18 92 11/30/2017 MILL AND THICK OVERLAY 2026 THE ALAMEDA MARIN AVE HOPKINS ST A Light Mtce 134,827$ 5 N 4*,C 0.26 92 11/30/2017 MILL AND THICK OVERLAY 2026 THE ALAMEDA HOPKINS ST YOLO AVE A Heavy Mtce 41,580$ 5 N C 0.04 69 12/1/2017 SLURRY SEAL 2026 THOUSAND OAKS COLUSA AVE VINCENTE AVE C Heavy Mtce 36,006$ 5 N N 0.07 74 6/15/2016 SLURRY SEAL 2026 THOUSAND OAKS VINCENTE AVE THE ALAMEDA C Heavy Mtce 82,133$ 5 N N 0.16 68 6/15/2016 SLURRY SEAL 2026 THOUSAND OAKS THE ALAMEDA ARLINGTON C Heavy Mtce 139,843$ 5 N N 0.30 73 6/15/2016 SLURRY SEAL 2026 UTILITY 900,000$
CONTINGENCY 1,500,812$
MRP REQUIREMENTS -$
17412997 $17,408,935 9.18
29% bike/ped
* in Fiscal Year column denotes coordination with EBMUD project 32% bike/ped not incl contingency Note: Column P denotes presence of bike facility type (1 paved path, 2A 2B bike lane, 3A sign-only, 3C Sharrows, 3E bike blvd, 4 cycle track); C for bus route; VZ for Vision Zero; and N for none.

Proposed bike facilities from 2017 Bike Plan. Draft 5-Year Street Rehabilitation Plan FY 2024-2028_v18.xlsx

5-YEAR STREET REHABILITATION PLAN FOR FY 2024 TO FY 2028 Revised: 10/31/2023 Fiscal
Year Street Name From To Class
Treatment
(from
StreetSaver)
Updated Total
Cost MRP
Reqt
District Equity Zone P Mileage Current PCI Last M&R
Date
Last PavedFISCAL YEAR 2026 TOTALS
Total Estimated Cost and Miles $17,408,935 9.18 miles
Cost w/o Miles w/o
Mileage Estimated Cost % Cost % Mileage District Cost Miles Arterials Arterials Arterials 4.19 $5,946,067 37% 46% 1 $2,191,641 0.93 $1,796,160 0.49 Collectors 2.39 $1,739,831 11% 26% 2 $5,976,158 2.16 $5,276,265 1.73 Residentials 2.60 $7,322,225 46% 28% 3 $2,435,025 1.72 $2,435,025 1.72 4 $1,953,618 0.84 $0 0.00
Bikeways 4.04 $5,047,055 32% 44% 5 $1,609,854 3.05 $609,886 1.39 Curb Ramps $480,000 3% 6 $841,827 0.48 $841,827 0.48
Total $5,527,055 35% 7 $0 0.00 $0 0.00
8$ 0 0 .00 $0 0.00
Equity Zone 2.31 $5,694,147 36% 25% $15,008,123 9.18 $10,959,163 5.82 Equity Zone w/Arterials 3.13 $7,591,254 48% 34%
Note: Column P denotes presence of bike facility type (1 paved path, 2A 2B bike lane, 3A sign-only, 3C Sharrows, 3E bike blvd, 4 cycle track); C for bus route; VZ for Vision Zero; and N for none.

Proposed bike facilities from 2017 Bike Plan. Draft 5-Year Street Rehabilitation Plan FY 2024-2028_v18.xlsx

5-YEAR STREET REHABILITATION PLAN FOR FY 2024 TO FY 2028 Revised: 10/31/2023 Fiscal
Year Street Name From To Class
Treatment
(from
StreetSaver)
Updated Total
Cost MRP
Reqt
District Equity Zone P Mileage Current PCI Last M&R
Date
Last Paved
2027 6TH CAMELIA ST CEDAR ST C Heavy Mtce 217,778$ 1 Y 2B, VZ 0.25 74 8/31/2004 MILL AND OVERLAY W/FABRIC 2027 6TH CEDAR ST VIRGINIA ST C Heavy Rehab 446,925$ 1 Y 2B, VZ 0.13 54 4/1/2001 MILL AND OVERLAY W/FABRIC 2027 6TH VIRGINIA ST UNIVERSITY AVE C Light Rehab 729,619$ 1 Y 2B, VZ 0.31 63 4/1/2001 MILL AND OVERLAY W/FABRIC 2027 8TH ST GILMAN ST CAMELIA ST R Heavy Rehab 212,445$ 1 Y 3E 0.12 35 4/1/2001 MILL AND OVERLAY W/FABRIC 2027 8TH ST CAMELIA ST PAGE ST R Heavy Rehab 144,978$ 1 Y N 0.08 42 4/1/2001 MILL AND OVERLAY W/FABRIC 2027 8TH ST PAGE ST JONES ST R Reconstruct 293,378$ Y 1 Y N 0.09 16 9/1/1991 MILL AND OVERLAY W/FABRIC 2027 8TH ST JONES ST VIRGINIA ST R Reconstruct 710,367$ Y 1 Y N 0.21 19 9/1/1991 MILL AND OVERLAY W/FABRIC 2027 8TH ST VIRGINIA ST UNIVERSITY AVE R Reconstruct 1,131,612$ Y 1 Y N 0.31 17 11/1/1990 MILL AND THIN OVERLAY 2027 BATAAN AVE 7TH ST 8TH ST R Reconstruct 144,294$ 1 Y N 0.06 16 N/A 2027 BELROSE AVE DERBY ST CLAREMONT C Light Mtce 30,289$ 8 N 4*,C 0.12 91 10/10/2016 RECONSTRUCT 2027 BOWDITCH ST BANCROFT WAY DURANT AVE R Reconstruct 221,880$ 7 N 2A 0.06 14 11/1/1990 MILL AND THIN OVERLAY 2027 BOWDITCH ST DURANT AVE HASTE ST R Reconstruct 450,660$ 7 N 2A 0.13 17 11/1/1990 MILL AND THIN OVERLAY 2027 BOWDITCH ST HASTE ST DWIGHT WAY R Heavy Rehab 123,000$ 7 N 2A 0.06 40 7/1/1988 MILL AND OVERLAY W/FABRIC 2027 CAMELIA ST 6TH ST 8TH ST R Reconstruct 406,720$ 1 Y N 0.12 24 4/1/2001 RECONSTRUCT SURFACE 2027 CHANNING WAY SHATTUCK AVE FULTON ST R Light Mtce 37,720$ 4 N 2B 0.11 87 8/7/2015 MILL AND OVERLAY 2027 CHANNING WAY FULTON ST DANA ST R Light Mtce 87,880$ 47 N 2B 0.25 87 8/7/2015 MILL AND OVERLAY 2027 CHANNING WAY DANA ST BOWDITCH ST R Light Mtce 92,644$ 7 N 2B 0.25 78 8/7/2015 MILL AND OVERLAY 2027 CHANNING WAY BOWDITCH ST COLLEGE AVE R Heavy Mtce 81,844$ 7 N 2B 0.13 76 8/7/2015 MILL AND OVERLAY 2027 CHANNING WAY COLLEGE AVE PIEDMONT AVE R Heavy Mtce 72,000$ 7 N 2B 0.12 72 8/7/2015 MILL AND OVERLAY 2027 CLAREMONT AVE EAST CITY LIMIT RUSSELL ST C Reconstruct 497,733$ Y 8 N VZ 0.11 21 7/1/1994 MILL AND OVERLAY W/FABRIC 2027 CLAREMONT AVE RUSSELL ST ASHBY AVE C Reconstruct 506,511$ Y 8 N 4,VZ 0.08 18 7/1/1994 MILL AND OVERLAY W/FABRIC 2027 CLAREMONT AVE ASHBY AVE SOUTH CITY C Heavy Rehab 1,790,524$ 8 N 4,VZ 0.57 53 7/1/1994 MILL AND OVERLAY W/FABRIC 2027 CLAREMONT BLVD BELROSE AVE CLAREMONT C Light Mtce 38,772$ 8 N 4,C 0.17 91 10/10/2016 RECONSTRUCT 2027 DELAWARE ST 6TH ST 9TH ST C Heavy Mtce 117,147$ 1 Y N 0.18 71 12/1/2017 SLURRY SEAL 2027 DELAWARE ST 9TH ST SAN PABLO AVE C Heavy Mtce 93,887$ 1 Y 2A 0.13 73 2027 DERBY ST COLLEGE AVE PIEDMONT AVE R Heavy Rehab 268,765$ 8 N 3E 0.12 31 8/1/1996 MILL AND OVERLAY W/FABRIC 2027 DERBY ST PIEDMONT AVE WARRING ST R Heavy Rehab 114,903$ 8 N 3E 0.06 27 N/A 2027 DERBY ST WARRING ST BELROSE AVE & A Light Mtce 59,940$ 8 N 4*,C 0.23 90 10/10/2016 RECONSTRUCT 2027 DWIGHT WAY MILVIA WAY SHATTUCK AVE A Heavy Mtce 80,940$ 4 N C 0.13 55 12/10/1998 MILL AND OVERLAY W/FABRIC 2027 DWIGHT WAY SHATTUCK AVE FULTON ST A Light Mtce 32,000$ 4 N N 0.11 86 6/27/2013 MILL AND OVERLAY 2027 DWIGHT WAY FULTON ST DANA ST A Light Mtce 70,667$ 47 N N 0.25 84 6/27/2013 MILL AND OVERLAY 2027 DWIGHT WAY DANA ST TELEGRAPH A Heavy Mtce 85,296$ 7 N C 0.13 75 6/27/2013 MILL AND OVERLAY 2027 DWIGHT WAY TELEGRAPH AVE BOWDITCH ST A Light Mtce 31,680$ 78 N N 0.13 80 8/7/2015 MILL AND OVERLAY 2027 DWIGHT WAY BOWDITCH ST COLLEGE AVE A Light Mtce 31,680$ 78 N N 0.13 87 8/7/2015 MILL AND OVERLAY 2027 DWIGHT WAY COLLEGE AVE PIEDMONT AVE A Light Mtce 37,200$ 78 N N 0.15 87 8/30/2015 MILL AND OVERLAY 2027* FOREST AVE COLLEGE AVE CLAREMONT BLVD R Heavy Rehab 618,000$ 8 N N 0.36 45 8/1/1996 RECONSTRUCT STRUCTURE (AC) 2027 FRANCISCO ST SAN PABLO AVE CHESTNUT ST R Reconstruct 760,933$ 1 N N 0.26 17 8/1/1993 RECONSTRUCT SURFACE 2027 FRANCISCO ST CHESTNUT ST DEAD END R Reconstruct 629,733$ 1 N N 0.21 24 7/1/1995 MILL AND OVERLAY W/FABRIC 2027 GRANT ST NORTH END ROSE ST R Heavy Rehab 99,393$ 5 N 3C 0.06 48 6/1/1995 MILL AND OVERLAY W/FABRIC 2027 GRANT ST ROSE ST CEDAR ST R Heavy Mtce 136,806$ 5 N 3C 0.25 61 6/1/1995 MILL AND OVERLAY W/FABRIC 2027 GRANT ST CEDAR ST LINCOLN ST R Light Rehab 66,337$ 1 N 3C 0.06 55 7/22/1997 MILL AND THICK OVERLAY 2027 GRANT ST LINCOLN ST VIRGINIA ST R Heavy Rehab 114,593$ 1 N 3C 0.06 47 7/22/1997 MILL AND THICK OVERLAY 2027 GRANT ST VIRGINIA ST FRANCISCO ST R Reconstruct 232,801$ 1 N 3C 0.06 24 7/22/1997 MILL AND THICK OVERLAY 2027 GRANT ST FRANCISCO ST OHLONE PARK R Light Mtce 42,680$ 1 N 3C 0.10 97 10/11/2019 MILL AND THICK OVERLAY 2027 GRANT ST HEARST AVE UNIVERSITY R Heavy Mtce 72,354$ 1 N 3C 0.11 63 12/15/2004 RECONSTRUCT SURFACE 2027 GRANT ST UNIVERSITY AVE ADDISON ST R Light Mtce 24,700$ 4 N 3C 0.06 90 12/15/2004 RECONSTRUCT STRUCTURE 2027 GRANT ST ADDISON ST ALLSTON WAY R Heavy Rehab 260,686$ 4 N 3C 0.13 37 9/13/2000 MEDIUM AC OVERLAY 2027 GRANT ST ALLSTON WAY BANCROFT WAY R Light Mtce 37,432$ 4 N 3C 0.13 85 12/15/2004 RECONSTRUCT STRUCTURE 2027 GRANT ST BANCROFT WAY CHANNING WAY R Heavy Rehab 262,552$ 4 N 3C 0.13 41 9/13/2000 MEDIUM AC OVERLAY 2027 GRANT ST CHANNING WAY DWIGHT WAY R Light Mtce 31,246$ 4 N 3C 0.13 77 12/15/2004 RECONSTRUCT STRUCTURE Note: Column P denotes presence of bike facility type (1 paved path, 2A 2B bike lane, 3A sign-only, 3C Sharrows, 3E bike blvd, 4 cycle track); C for bus route; VZ for Vision Zero; and N for none.

Proposed bike facilities from 2017 Bike Plan. Draft 5-Year Street Rehabilitation Plan FY 2024-2028_v18.xlsx

5-YEAR STREET REHABILITATION PLAN FOR FY 2024 TO FY 2028 Revised: 10/31/2023 Fiscal
Year Street Name From To Class
Treatment
(from
StreetSaver)
Updated Total
Cost MRP
Reqt
District Equity Zone P Mileage Current PCI Last M&R
Date
Last Paved
2027 HEARST AVE SACRAMENTO CALIFORNIA ST C Heavy Mtce 55,200$ 1 N VZ 0.11 61 8/14/2015 FIBER MICROSURFACING 2027 HEARST AVE CALIFORNIA ST MC GEE AVE C Heavy Mtce 84,120$ 1 N 4*,VZ 0.13 65 8/14/2015 FIBER MICROSURFACING 2027 HEARST AVE MC GEE AVE MARTIN C Heavy Mtce 171,460$ 1 N 4*,VZ 0.26 64 8/14/2015 FIBER MICROSURFACING 2027 PIEDMONT AVE AT END OF BANCROFT WAY C Heavy Mtce 110,193$ 7 N 2A,C,VZ 0.14 68 10/1/2012 RECONSTRUCT STRUCTURE 2027 PIEDMONT AVE BANCROFT WAY DWIGHT WAY C Light Mtce 126,147$ 7 N 4,C,VZ 0.26 68 8/17/2006 RECONSTRUCT STRUCTURE 2027 PIEDMONT AVE DERBY ST STUART ST R Heavy Rehab 290,646$ 8 N 3C 0.16 41 7/8/2003 RECONSTRUCT SURFACE 2027 PIEDMONT AVE STUART ST RUSSELL ST R Light Rehab 120,128$ 8 N 3C 0.09 54 7/8/2003 RECONSTRUCT SURFACE 2027 PIEDMONT AVE RUSSELL ST ASHBY AVE R Light Rehab 83,717$ 8 N N 0.06 76 12/15/2004 RECONSTRUCT SURFACE 2027 PIEDMONT CRESCENT DWIGHT WAY WARRING ST C Light Mtce 19,133$ 8 N 3C,C,VZ 0.05 91 10/10/2016 RECONSTRUCT 2027 VIRGINIA ST 2ND ST 6TH ST R Heavy Rehab 460,250$ 1 Y 3E 0.25 35 N/A 2027 VIRGINIA ST 6TH ST SAN PABLO AVE R Heavy Rehab 543,500$ 1 Y 3E 0.31 33 4/1/2001 MILL AND OVERLAY W/FABRIC 2027 WARRING ST DWIGHT WAY DERBY ST C Light Mtce 76,617$ 8 N 3C,C,VZ 0.29 90 10/10/2016 RECONSTRUCT 2027 WOOLSEY ST COLLEGE AVE CLAREMONT AVE R Reconstruct 851,400$ Y 8 N 3A/3C 0.24 29 N/A 2027 UTILITY 1,000,000$
CONTINGENCY 1,587,644$
MRP REQUIREMENTS 1,500,000$
20189151 $19,964,080 10.02
50% bike/ped
* in Fiscal Year column denotes coordination with EBMUD project 59% bike/ped not incl contingency FISCAL YEAR 2027 TOTALS
Total Estimated Cost and Miles $19,964,080 10.02 miles
Cost w/o Miles w/o
Mileage Estimated Cost % Cost % Mileage District Cost Miles Arterials Arterials Arterials 1.25 $429,403 3% 12% 1 $7,883,113 3.90 $7,883,113 3.90 Collectors 3.28 $5,112,054 30% 33% 2 $0 0.00 $0 0.00
Residentials 5.48 $10,334,979 61% 55% 3 $0 0.00 $0 0.00 4 $846,549 1.18 $698,276 0.80
Bikeways 6.83 $9,874,389 59% 68% 5 $236,199 0.31 $236,199 0.31 Curb Ramps $648,000 4% 6 $0 0.00 $0 0.00
Total $10,522,389 62% 7 $1,493,217 1.73 $1,322,308 1.28 8 $5,417,359 2.90 $5,307,139 2.48
Equity Zone 2.54 $5,652,899 33% 25% $15,876,436 10.02 $15,447,033 8.77 Equity Zone w/Arterials 2.54 $5,652,899 33% 25%
Note: Column P denotes presence of bike facility type (1 paved path, 2A 2B bike lane, 3A sign-only, 3C Sharrows, 3E bike blvd, 4 cycle track); C for bus route; VZ for Vision Zero; and N for none.

Proposed bike facilities from 2017 Bike Plan. Draft 5-Year Street Rehabilitation Plan FY 2024-2028_v18.xlsx

5-YEAR STREET REHABILITATION PLAN FOR FY 2024 TO FY 2028 Revised: 10/31/2023 Fiscal
Year Street Name From To Class
Treatment
(from
StreetSaver)
Updated Total
Cost MRP
Reqt
District Equity Zone P Mileage Current PCI Last M&R
Date
Last Paved
2028 5TH ST UNIVERSITY AVE DWIGHT WAY R Reconstruct 1,852,471$ Y 2 Y N 0.57 23 11/1/1990 MILL AND THIN OVERLAY 2028 7TH ST UNIVERSITY AVE BANCROFT WAY R Reconstruct 1,137,520$ Y 2 Y N 0.32 28 8/28/1997 MILL AND OVERLAY W/FABRIC 2028 7TH ST BANCROFT WAY DWIGHT WAY R Heavy Rehab 431,600$ 2 Y N 0.25 32 11/1/1990 MILL AND THIN OVERLAY 2028 7TH ST DWIGHT WAY GRAYSON ST C Heavy Mtce 193,210$ 1 N C 0.35 69 7/7/2008 MILL AND THICK OVERLAY 2028 7TH ST GRAYSON ST HEINZ AVE C Heavy Mtce 76,700$ 1 N C 0.13 74 7/7/2008 MILL AND THICK OVERLAY 2028 7TH ST HEINZ AVE ASHBY AVE C Light Mtce 57,622$ 1 N C 0.19 78 10/23/2003 MILL AND THICK OVERLAY 2028 10TH ST CARLETON ST HEINZ AVE R Reconstruct 916,160$ Y 2 Y N 0.26 16 6/15/2000 RECONSTRUCT SURFACE 2028 CURTIS ST UNIVERSITY AVE DWIGHT WAY R Reconstruct 2,009,440$ Y 2 YN 0.57 9 8/18/1997 MILL AND THICK OVERLAY 2028 FRANCISCO ST MARTIN LUTHER MILVIA ST R Reconstruct 451,520$ 4 NN 0.13 24 10/1/1995 RECONSTRUCT SURFACE 2028 FRANCISCO ST MILVIA ST SHATTUCK AVE R Reconstruct 463,520$ 4 NN 0.13 25 10/1/1995 RECONSTRUCT SURFACE 2028 FULTON ST KITTREDGE ST BANCROFT WAY A Heavy Mtce 83,971$ 47 N4 * 0 .06 77 9/13/2002 RECONSTRUCT STRUCTURE 2028 GRANT ST DWIGHT WAY OREGON ST R Heavy Rehab 876,506$ 34 Y 3C 0.43 31 7/1/1993 RECONSTRUCT SURFACE 2028 GRANT ST NORTH END RUSSELL ST R Heavy Rehab 62,849$ 3 Y 3C 0.04 37 6/1/1995 MILL AND OVERLAY W/FABRIC 2028 KITTREDGE ST MILVIA ST SHATTUCK AVE R Heavy Rehab 225,600$ 4N N 0 . 1 3 40 9/1/1984 SLURRY SEAL 2028 OXFORD ST HEARST AVE BERKELEY WAY A Light Mtce 41,293$ 47 N4 * 0 .05 80 9/13/2002 RECONSTRUCT STRUCTURE 2028 OXFORD ST BERKELEY WAY UNIVERSITY A Heavy Mtce 82,005$ 47 N4 * 0 .06 71 9/13/2002 RECONSTRUCT STRUCTURE 2028 OXFORD ST UNIVERSITY AVE ADDISON ST A Heavy Mtce 81,816$ 47 N4 * 0 .07 74 9/13/2002 RECONSTRUCT STRUCTURE 2028 OXFORD ST ADDISON ST KITTREDGE ST A Heavy Mtce 258,487$ 47 N4 * 0 .19 77 9/13/2002 RECONSTRUCT STRUCTURE 2028 SHATTUCK AVE WARD ST ASHBY AVE C Heavy Mtce 181,709$ 3 N 4,C,VZ 0.29 58 11/24/2008 MILL AND THICK OVERLAY 2028 STUART ST SACRAMENTO ST MARTIN LUTHER KING R Reconstruct 1,601,680$ Y 3 Y N 0.46 19 9/1/1993 RECONSTRUCT SURFACE 2028 UNIVERSITY AVE 6TH ST SAN PABLO AVE A Heavy Mtce 368,694$ 12 Y4 ,C,VZ 0.31 66 9/1/2009 RECONSTRUCT STRUCTURE 2028 UNIVERSITY AVE SAN PABLO AVE SACRAMENTO A Heavy Mtce 613,793$ 12 Y4 ,C,VZ 0.56 55 11/25/2009 RECONSTRUCT STRUCTURE 2028 UNIVERSITY AVE SACRAMENTO MCGEE AVE A Heavy Mtce 292,502$ 14 N4 ,C,VZ 0.25 70 6/10/2010 RECONSTRUCT STRUCTURE 2028 UNIVERSITY AVE MCGEE AVE MARTIN A Heavy Mtce 253,508$ 14 N4 ,C,VZ 0.25 68 9/30/2010 RECONSTRUCT STRUCTURE 2028 VIRGINIA ST MARTIN LUTHER MILVIA ST R Heavy Mtce 54,400$ 4 N 3E 0.13 71 6/30/2010 MILL AND THIN OVERLAY 2028 VIRGINIA ST MILVIA ST SHATTUCK AVE R Light Mtce 19,680$ 4 N 3E 0.12 81 6/30/2010 MILL AND THIN OVERLAY 2028 VIRGINIA ST SHATTUCK AVE SPRUCE ST R Light Rehab 250,000$ 46 N3 E 0 .19 64 9/13/2002 MILL AND OVERLAY W/FABRIC 2028 VIRGINIA ST SPRUCE ST ARCH ST R Heavy Mtce 66,000$ 6 N3 E 0 .09 66 9/13/2002 MILL AND OVERLAY W/FABRIC 2028 VIRGINIA ST ARCH ST EUCLID AVE R Heavy Mtce 132,800$ 6 N3 E 0 .20 65 9/13/2002 MILL AND OVERLAY W/FABRIC 2028 WARD ST ACTON ST SACRAMENTO ST R Reconstruct 476,912$ 2 Y N 0.14 14 9/1/1993 RECONSTRUCT SURFACE 2028 WARD ST SACRAMENTO ST MARTIN LUTHER KING R Reconstruct 1,622,672$ Y 3 Y N 0.46 22 9/1/1993 RECONSTRUCT SURFACE 2028 UTILITY COORDINATION 700,000$
CONTINGENCY 1,523,664$
MRP REQUIREMENTS 3,000,000$
20473590 $20,460,304 7.35
18% bike/ped
23% bike/ped not incl contingency
Note: Column P denotes presence of bike facility type (1 paved path, 2A 2B bike lane, 3A sign-only, 3C Sharrows, 3E bike blvd, 4 cycle track); C for bus route; VZ for Vision Zero; and N for none.

Proposed bike facilities from 2017 Bike Plan. Draft 5-Year Street Rehabilitation Plan FY 2024-2028_v18.xlsx

5-YEAR STREET REHABILITATION PLAN FOR FY 2024 TO FY 2028 Revised: 10/31/2023 Fiscal
Year Street Name From To Class
Treatment
(from
StreetSaver)
Updated Total
Cost MRP
Reqt
District Equity Zone P Mileage Current PCI Last M&R
Date
Last PavedFISCAL YEAR 2028 TOTALS
Total Estimated Cost and Miles $20,460,304 7.35 miles
Cost w/o Miles w/o
Mileage Estimated Cost % Cost % Mileage District Cost Miles Arterials Arterials Arterials 1.80 $2,076,069 13% 20% 1 $1,091,780 1.36 $1,091,754 0.67 Collectors 0.96 $509,241 3% 10% 2 $7,315,346 2.53 $6,824,103 2.10 Residentials 4.59 $12,651,330 80% 50% 3 $3,907,163 1.45 $3,907,163 1.45 4 $2,324,764 1.41 $1,777,973 0.94
Bikeways 3.28 $3,720,013 23% 36% 5 $0 0.00 $0 0.00
Curb Ramps $546,000 3% 6 $323,800 0.38 $323,800 0.38
Total $4,266,013 27% 7 $273,786 0.22 $0 0.00
8$ 0 0 .00 $0 0.00
Equity Zone 3.48 $10,987,810 69% 38% $15,236,640 7.35 $13,924,793 5.54 Equity Zone w/Arterials 4.35 $11,970,296 75% 47%
Note: Column P denotes presence of bike facility type (1 paved path, 2A 2B bike lane, 3A sign-only, 3C Sharrows, 3E bike blvd, 4 cycle track); C for bus route; VZ for Vision Zero; and N for none.

Proposed bike facilities from 2017 Bike Plan. Draft 5-Year Street Rehabilitation Plan FY 2024-2028_v18.xlsx

5-YEAR STREET REHABILITATION PLAN FOR FY 2024 TO FY 2028 Revised: 10/31/2023 Fiscal
Year Street Name From To Class
Treatment
(from
StreetSaver)
Updated Total
Cost MRP
Reqt
District Equity Zone P Mileage Current PCI Last M&R
Date
Last PavedFISCAL YEAR 2024-2028 TOTALS
Total Estimated Cost and Miles $91,919,259 46.73 miles
Cost w/o Miles w/o
Mileage Estimated Cost % Cost % Mileage District Cost Miles Arterials Arterials Arterials 10.87 $12,971,740 15% 23% 1 $17,851,317 9.84 $16,772,694 8.45 Collectors 13.52 $12,820,770 15% 29% 2 $24,197,836 10.53 $22,561,018 8.44 Residentials 22.34 $49,131,362 57% 48% 3 $7,906,100 4.23 $7,757,118 3.69 4 $8,016,965 5.03 $3,645,848 2.38
Bikeways 23.30 $29,758,005 34% 50% 5 $3,965,575 5.79 $2,682,345 4.01 Curb Ramps $2,430,000 3% 6 $4,564,992 5.96 $4,564,992 5.96 Total $32,188,005 37% 7 $3,003,729 2.45 $1,322,308 1.28 8 $5,417,359 2.90 $5,307,139 2.48
Equity Zone 15.09 $39,100,716 45% 32% $74,923,872 46.73 $64,613,462 36.69 Equity Zone w/Arterials 18.83 $42,687,011 49% 40%
Total Funding $91,919,259
Note: Column P denotes presence of bike facility type (1 paved path, 2A 2B bike lane, 3A sign-only, 3C Sharrows, 3E bike blvd, 4 cycle track); C for bus route; VZ for Vision Zero; and N for none.

Proposed bike facilities from 2017 Bike Plan. Draft 5-Year Street Rehabilitation Plan FY 2024-2028_v18.xlsx

CAMELIA
MABEL
COLU
SA
GILMAN

TELEGRAPH

VIRGINIA
KEELER
OREGON

CHANNING
ACTON

HOPKINS

THE ALAMEDA

FRANCISCOSACRAMENTO
DWIGHT

CALIFORNIA

BANCROFT

M L KING JR

MATHEWS
HEARST

CORNELL

ALLSTONADDISON
MONT
ER
EY
TENTH
SPRUCE
DERBY

SEVENTH
HASTE

ALCATRAZ
HARMON
ASHBY
STUART
WARD

RUSSELL
TENTH

CLAREMONTWOOLSEY
DERBY
FOREST

ARLINGTON
MARIN

CAMELIA
MABEL
COLU
SA
GILMAN

TELEGRAPH

VIRGINIA
KEELER
OREGON

CHANNING
ACTON

HOPKINS

THE ALAMEDA

FRANCISCOSACRAMENTO
DWIGHT

CALIFORNIA

BANCROFT

M L KING JR

MATHEWS
HEARST

CORNELL

ALLSTONADDISON
MONT
ER
EY
TENTH
EUCLID
DERBY

SEVENTH
HASTE

ALCATRAZ
HARMON
ASHBY
STUART
WARD

RUSSELL
TENTH

CLAREMONTWOOLSEY
DERBY
FOREST

ARLINGTON
SOLANO

SHATTUCK
1,000 OAKS
6 2
5 1
3 7
8 4
SIXTH

WOODMONT

DELAWARE

GRIZZLYPEAK
GRANT
EIGHTH
FIFTH
WILDCA
T CANY
ON
Engineering Division
1947 Center Street
Berkeley CA 94704

CITY OF BERKELEY
This map is for reference purposes only.

Care was taken in the creation
of this map, but it is provided "AS IS".

Please contact the City of Berkeley
to verify map information or to report
any errors.

November 6, 2023
Exhibit B

PAVING PLAN
FY 24-28
Planned Fiscal Year
2023 Holdover
2024
2025
2026
2027
2028
Council Districts
Equity Zone
0 1 20.5 Miles
¯

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

INFORMATION CALENDAR
November 28, 2023
To: Honorable Mayor and Members of the City Council
From: Lisa Warhuus, Director, Health, Housing and Community Services Submitted by: Janice Chin, Public Health Division Manager Subject: Healthy Checkout Ordinance Update

INTRODUCTION
On March 9, 2020, the Health, Life Enrichment, Equity, and Community Policy Committee adopted the action to send the Healthy Checkout Ordinance item to City Council. The Healthy Checkout Ordinance was passed by City Council on September 22, 2020, adding Chapter 9.82 to the Berkeley Municipal Code “Healthy Checkout”. The ordinance came into effect March 1, 2021, with enforcement pursuant to 9.82.040 to commence no sooner than January 1, 2022.

Pursuant to 9.82.030, the Department of Health, Housing, and Community Services’ Public Health Division (HHCS/PH) was directed to conduct a bi-annual review of qualifying food and beverage categories, with a 120- day phase-in period if any changes were made. This information report provides an update on implementation to date.

CURRENT SITUATION AND ITS EFFECTS
The ordinance requires “Large Retail Stores” over 2,500 square feet in size, that sell at least 25 linear feet of food, to follow the requirements for Healthy Checkout as written in Sec 9.82.030 of the ordinance. Each large retail store shall ensure that all foods and beverages sold in all checkout areas meet the standards in Sec 9.82.030 A-C and comply with the below list of qualifying food and beverage categories:

A. Beverages with no added sugars and no artificial sweeteners.

B. Food items with no more than 5 grams of added sugars, and 200 milligrams of sodium per labeled serving.

C. Food items must be in the following categories: chewing gum and mints with no added sugars, fruit, vegetables, nuts, seeds, legumes, yogurt or cheese and whole grains.

Since the Healthy Check out Ordinance came into effect, HHCS has responded to questions submitted by community members, established a protocol for the biannual review, and conducted all the biannual reviews.

Healthy Checkout Ordinance: Update INFORMATION CALENDAR November 28, 2023

Healthy Check Out ordinance implementation takes place within the context of Healthy Berkeley program implementation. The Healthy Berkeley program was initiated with the passage of the Sugar Sweetened Beverage tax. Tax revenues are used to support health prevention and promotion activities discouraging the consumption of sugar-sweetened beverages and addressing their health impacts. The Sugar Sweetened Beverage Panel of Experts Commission advises Council on use of the tax revenues and program implementation.

HHCS/PH completed bi-annual reviews of the qualifying food and beverage categories on:
 July 8, 2022
 January 13, 2023
 July 6, 2023
To date, HHCS/PH has not recommended any changes to Sec 9.82.030 A-C. Until HHCS completed inspections of all subject businesses and provided technical assistance in July 2023, there was minimal information for the impacted businesses beyond inquiries from the public to inform additional or adjusted clarifying language to the ordinance. The additional information provided from the completed inspections will be included in the next bi-annual review scheduled for January 12, 2024.

Starting in July 2023 City staff conducted site visits of checkout areas of stores subject to the Healthy Check Out Ordinance, assessed compliance, and offered technical assistance. Assessments of all twenty-three (23) businesses that were subject to the requirements of the Ordinance were completed in the months of July 2023 and August 2023. One (1) of the businesses was no longer operating at the time of the inspection.  50% (11) of the businesses were in compliance
 50% (11) of the businesses were out of compliance
 14% (3) of the businesses that were out of compliance were significantly out of compliance
All businesses that were out of compliance were provided with technical assistance and information regarding the requirements of the Ordinance. HHCS’ Environmental Health Division (HHCS/EH) will conduct follow-up activities with the 3 facilities identified as being significantly out of compliance and possible enforcement action if those facilities continue to be out of compliance with the ordinance.

Staff will be exploring the possibility of adding an informational section around the Healthy Checkout ordinance on the City website for easy access to information around requirements, resources, as well as email links to submit questions/ inquires.

Healthy Checkout Ordinance: Update INFORMATION CALENDAR November 28, 2023

BACKGROUND
In an effort to further diminish the human and economic costs of diseases associated with the consumption of sugary drinks by discouraging their distribution and consumption in Berkeley, HHCS staff have worked on the additional following initiatives under Healthy Berkeley:
 Implemented a new service providing one-on-one nutrition education for community members with high blood pressure readings, known diabetes, or risk for developing diabetes.
 Implemented programmatic enhancements with community partners that are either Healthy Berkeley funded agencies and/or work with Berkeley communities vulnerable to health disparities. Examples of this include (but not limited to):
o Regular nutrition education activities are now conducted with older adults at South Berkeley Senior Center,
o Referral pathways from LifeLong Medical’s Heart 2 Heart screening program have been established to provide nutrition consultation for clients at risk for hypertension or heart disease;
o One-on-one nutrition consultations have been initiated with African-American pregnant/ parenting women participating in the Berkeley Black Infant Health Program
o Nutrition education outreach and resources are being provided for Latinx Day Laborers in partnership with the Multicultural Institute.

In its September 2020 Council report, the Health, Life Enrichment, Equity, and Community Policy Committee supported the ordinance as a strategy to create heathier food environments, including addressing:
 Health impacts of sugar and sodium consumption and related diseases.  Consumers making healthier purchases and reducing impulse purchasing that may happen at checkout areas
 Research and initiatives in other states and countries supporting policy change for healthier food environments and the grocery/store checkout area as an ideal place to begin changing norms around healthy snacks and drinks.  Outreach and focus groups with diverse Berkeley communities voicing support for healthy checkout options in grocery stores, and families and individuals being susceptible to impulse purchasing.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental sustainability and climate impacts as the result of activities conducted by HHCS/PH and to support this Ordinance.

POSSIBLE FUTURE ACTION
No action is requested at this time.

Healthy Checkout Ordinance: Update INFORMATION CALENDAR November 28, 2023

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
None.

CONTACT PERSON
Janice Chin, MPH, Division Manager, HHCS-Public Health Division, 510-981-5121 Ron Torres, Division Manager, HHCS-Environmental Health Division, 510-981-5261 Attachments:
1: Ordinance No, 7,734 0 N.S.
2: Item 16 – Healthy Checkout – Agenda September 22, 2020

Attachment 1

Attachment 1

Attachment 1

Kate Harrison
Councilmember District 4
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981-6903 E-Mail:

[email protected]

ACTION CALENDAR
September 22, 2020
To: Honorable Mayor and Members of the City Council
From: Councilmembers Kate Harrison and Sophie Hahn
Subject: Healthy Checkout Ordinance

RECOMMENDATION

1. Adopt an ordinance requiring stores over 2,500 square feet in size to sell more nutritious food and beverage options in their checkout areas.

2. Refer to the City Manager to determine funding and staffing needs to implement and enforce the ordinance and sources of funding to support this program.

3. Refer to the Sugar Sweetened Beverage Product Panel of Experts to consider recommending funding allocations, and to work with City staff to develop protocols for, implementation, education, and enforcement.

POLICY COMMITTEE RECOMMENDATION
On March 9, 2020, the Health, Life Enrichment, Equity and Community adopted the following action: M/S/C (Hahn/Kesarwani) to send the item, as revised, back to the City Council with a Positive Recommendation. Vote: All Ayes with Bartlett absent.

FINANCIAL IMPLICATIONS

1. Implementation of the ordinance would require staff time to educate the approximately 25 stores about what is required of them to comply with the ordinance. The Center for Science in the Public Interest has created a suggested list of products that meet the criteria of the ordinance. Healthy Berkeley funded programs Bay Area Community Resources and Community Health Education Institute are both funded for FY 21 to work with stores, including with store education and monitoring. Community partners could assist with implementation.

Additionally, the City Council approved a budget recommendation from the Sugar Sweetened Beverage Product Panel of Experts in May 2019, which includes additional funding for FY 20 and 21. The total recommended budget for the City of Berkeley Public Health Division (PHD) is $427,500 per fiscal year. In Fiscal Years 2016-17, 2017-18 and 2018-19, the City Council has voted to allocate $225,000 per fiscal year to the PHD for the administration and evaluation of the Healthy Berkeley Program. This represents an increase of $202,500 per year in Fiscal Years 2019-20 and 2020-21.

2. Enforcement should be focused primarily on positive education and secondarily on traditional enforcement. Enforcement of the ordinance may be incorporated

Attachment 2Page 8 of 42

Healthy Checkout Ordinance ACTION CALENDAR
November 12, 2019
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981-6903 E-Mail:

[email protected]
into the regular inspections of food retailers conducted by the City. Spot checks of items sold in each aisle is sufficient to monitor compliance.

BACKGROUND
Today’s food landscape plays a large role in determining what people purchase and consume. Unhealthy food and beverages are promoted and placed repeatedly throughout retail stores. Cheap, ready-to-eat foods high in salt, saturated fat, and added sugars dominate checkout aisles, where shoppers are more likely to make impulse purchases and where parents struggle with their children over demands to buy treats at the end of a shopping trip.

This ordinance would require all stores over 2,500 square feet in size that sell at least 25 linear feet of food to follow the requirements for Healthy Checkout, as written in the ordinance, the specifics of which are to be determined in the policy committee process.

This would impact approximately 25 stores in Berkeley, including Safeway, Whole Foods, CVS, Walgreens, Berkeley Bowl, and Monterey Market.

Health Impacts of Sugar and Sodium Consumption and Related Disease Disparities
Impulse buying at checkout contributes to the high levels of sugar consumption in American diets. There has been much research and media attention1 about the health impacts of excessive added sugar intake, including elevated risk of tooth decay, heart disease, and Type 2 diabetes.2 The adverse health effects of added sugar consumption further entrench health disparities, burdening people of color more than white populations. Currently, Type 2 diabetes is on the rise across the country; one in three children and one of two children of color will be diagnosed in their lifetime.3 Diets that are high in sodium are linked to high blood pressure, heart disease, and stroke,4 all of which disproportionately affect African Americans and communities of color.5
Health Equity and Inequity
Berkeley also has health disparities in diet-related disease. In 2014, African American residents were four times more likely than White residents to be diagnosed with diabetes and 14 times more likely to be hospitalized due to its effects.6 This gap has decreased since 2014, but the disparity continues to exist.7 Rates of hospitalization for heart disease and high blood pressure are also significantly higher among African- American residents than White and Latino residents.5
On a national scale, racial and ethnic minorities experience diet-related disparities – diets high in fat and salt and low in fruits, vegetables, and whole grains.8 These diet- related disparities lead to additional health disparities including heart disease and diabetes, as discussed above. Providing more nutritious options will benefit people of all backgrounds, but it will disproportionately benefit low-income communities and communities of color who are most affected by nutrition-related health issues.

Checkout Areas of Grocery Stores Contribute to the Problem

Attachment 2Page 9 of 42

Healthy Checkout Ordinance ACTION CALENDAR
November 12, 2019
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981-6903 E-Mail:

[email protected]
Consumers are trying to make healthier purchases. A 2019 report found that 73 percent of shoppers are concerned about the nutritional content of their food.910 Despite consumer desire to select healthier foods, unhealthy foods are prevalent in checkout areas in a wide variety of retail stores. A national study of 8,600 stores – including supermarkets, convenience stores, drug stores, and dollar stores – found that 88 percent display candy at checkout and one-third (34 percent) sell sugar-sweetened beverages.11 Only 24 percent of stores sell water at checkout, and only 13 percent sell fresh fruits or vegetables at checkout.8 Almost all supermarkets (91 percent) display candy and 85 percent sell soda and other sugary drinks at checkout.8 In 2018, a Berkeley-based youth group assessed a sample of 35 Berkeley stores including Walgreens, Safeway, Trader Joes, Target, Berkeley Bowl, Dollar Tree and others. Data was collected from 16,404 facings, which are the display of a single product on the shelf (not including the items stacked behind it). They found that 69 percent of beverages and 81 percent of foods sold in the checkout area of surveyed stores were considered unhealthy using the National Alliance for Nutrition and Activity Model Nutrition Standards for Checkout.12
Research shows that food choices are strongly affected by the environments in which they are made. The aim of placing food and beverages at checkout is to induce unplanned purchases; thus, unhealthy checkout options undermine consumers’ efforts to purchase healthier foods.13 The placement of snacks near the register increases the likelihood that people purchase those foods.14 In addition, most of the candy, soda, and chips in checkout aisles are placed at eye-level and within reach of children, undermining parents’ efforts to feed their children well.15 Three-quarters of parents report that it is hard to shop at grocery stores because unhealthy food is so prevalent.16 Healthy checkout aisles provide all families more opportunities to say yes to their kids.

Grocery Stores are a Prime Place for Policy Change
Grocery stores are Americans’ top source for food and beverages, providing more than 60 percent of calories.17 Ninety percent of Supplemental Nutritional Assistance Program (SNAP) dollars are redeemed at supermarkets and grocery stores.18 Though grocery stores sell a wide range of healthy products, they are also the largest contributor of unhealthy food and beverages to the diet. Seventy percent of the sugary beverages children consume come from food retail.19
Sugary drinks are promoted repeatedly throughout stores; appearing in as many as 25 different places in a single grocery store.20 At checkout, these drinks make up 60% of beverage offerings.21
Healthy Checkout also provides an opportunity for grocery stores. When United Kingdom grocery stores provided healthier options at checkout, consumers responded positively and provided a “responsible” branding opportunity for those stores.22

Attachment 2Page 10 of 42

Healthy Checkout Ordinance ACTION CALENDAR
November 12, 2019
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981-6903 E-Mail:

[email protected]
Consumers want healthier options, and stores can use this fact to their advantage.

For all these reasons, grocery store checkout lanes are an ideal place to begin changing norms around healthy snacks and drinks.

Strategies to Reduce Sugar Consumption in Berkeley
In 2014, Berkeley became the first city in the country to tax the distribution of sugar sweetened beverages. In the last five years, the City created the Healthy Berkeley program which supports the Berkeley Unified School District garden education program as well as community programs that educate residents about nutrition and are changing norms around beverage choice.

This ordinance is another effort to create a healthy food environment that would support families by providing them the ability to avoid high-calorie, low-nutrient food and beverages when they do their grocery and other shopping. Individuals and families who want to purchase sugary drinks, candy, chips, and other sweet and salty snacks will be able to find them in their respective aisles in the center of stores. By changing checkout norms, shoppers and their children face less temptation to consume sugary foods and there is less reinforcement of these unhealthy choices.

Berkeley Residents are Demanding Checkout Changes
In 2018, Berkeley-based youth advocates conducted four focus groups where adults and adolescents unanimously supported removing unhealthy food and beverages from grocery store checkout lanes and requiring stores to have healthy checkout aisles.

Participants suggested retailers stock checkout with water, fruit juice, coffee, and tea.

They also requested that gum, mints and healthy snacks be available. Using the National Alliance for Nutrition and Activity standards as a guide, this ordinance aims to create checkout aisles where beverages with no added sugars or artificial sweeteners, such as 100% juice and water are considered healthy beverages, and where healthy snacks are predominantly fruits, nuts, and vegetables.

In order to streamline implementation and enforcement, the proposed Healthy Checkout Ordinance restricts added sugars and sodium for food products sold at checkout.

Outreach and Focus Groups
The Center for Science in the Public Interest performed four focus group studies in 2019 regarding the proposed Healthy Checkout Ordinance. The focus groups were intentionally diverse but focused on youth and health advocates. The four focus groups were 1) Berkeley High School students 2) Latinx women in South Berkeley, conducted in Spanish 3) African-American women, hosted by Healthy Black Families and 4) North and Northwest Berkeley residents, hosted by Urban Adamah. From the focus groups, advocates learned that half reported feeling stress at checkout, there was unanimous support for healthy checkout options in grocery stores, and parents and children are susceptible to impulse purchases.

There were also nine interviews conducted with a dentist, a Community Health Commissioner, two non-profit leaders, four local retail managers, and one store owner.

Attachment 2Page 11 of 42

Healthy Checkout Ordinance ACTION CALENDAR
November 12, 2019
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981-6903 E-Mail:

[email protected]
100% of the retailers were interested in making healthier changes and 50% of the managers were interested in supporting the ordinance directly. All retailers also stated that straightforward guidelines would help with implementation.

The City has also begun some outreach, with positive results. Healthy Checkout was recently polled in the Berkeley Considers engagement portal, where over 95% of respondents were in favor. Over 100 people responded to the question.

Healthy Checkout Reduces Impulse Buying of Sugary Snacks and Drinks A recent study by the University of Cambridge analyzed purchasing data for common unhealthy checkout foods from 2013-2017 in nine U.K. supermarket chains. They found that consumers purchased 17 percent fewer sweets, chocolate and potato chips. One year later the decline in unhealthy purchases remained steady at 16 percent.1 The Healthy Checkout Ordinance will create a level playing field for customers and retailers and support consistent, healthy snacking norms for shoppers and families.

Providing Alternatives at Checkout in Berkeley: Ordinance Elements The attached ordinance (Attachment 1):
● limits food and beverage products sold at the checkout area; ● applies to approximately 25 stores in Berkeley that are over 2,500 square feet (see attached) and have more than 25 linear feet of food for sale; and ● allows only beverages with no added sugars and no artificial sweeteners and food items with limited calories, added sugars, and sodium to be sold in the checkout area.

These limitations allow for healthy alternatives to proliferate in checkout areas. Stores will continue to sell food items in their checkout areas, and limiting the salt and added sugars will lead to stores selling fruits, vegetables, seeds, nuts, water, milk, and other healthier options.

The attached ordinance still has some unanswered questions that will require input from public health advocates, City staff, food retailers, and the policy committee. Those questions are:
 how to define healthy food, and what parameters are most appropriate;  date of implementation;
 appropriate definition of “checkout area”. The attached draft ordinance includes the definition of “checkout area” as defined in AB 765, but that definition may not appropriately reflect the needs of all large retail stores in Berkeley.

RATIONALE FOR RECOMMENDATION
Requiring the approximately 25 stores to follow the requirements for Healthy Checkout would eliminate the encouragement of unplanned purchases of unhealthy foods and beverages. Such a change would thus contribute to healthy norms and reduce the consumption of sugary drinks and unhealthy foods in the City of Berkeley.

Attachment 2Page 12 of 42

Healthy Checkout Ordinance ACTION CALENDAR
November 12, 2019
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981-6903 E-Mail:

[email protected]

ALTERNATIVES CONSIDERED
In February 2019, Assemblymember Buffy Wicks introduced AB 765, a bill which would implement Healthy Checkout statewide. However, as the bill has not advanced from committee since April, progress at the state level is not guaranteed.

In the United Kingdom, many grocery stores have voluntarily undertaken a healthy checkout initiative.22 However, without clear standards for what constitutes “healthy” or enforcement, the voluntary model is too modest to draw conclusions about long-term health impacts. In addition, the interviews with retailers indicated that voluntary compliance without straightforward guidelines would be more difficult to follow.

CONTACT PERSON
Kate Harrison, District 4
ATTACHMENTS:
1: Draft Ordinance
2: Checkout Areas Diagram
3: Retailer Factsheet
4: Sample Healthy Checkout Stock Items

Attachment 2Page 13 of 42

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981-6903 E-Mail:

[email protected]
1 Brody, JE. The Downside of Having a Sweet Tooth. The New York Times. July 22, 2019. https://www.nytimes.com/2019/07/22/well/eat/the-downside-of-having-a-sweet-tooth.html. 2 U.S. Department of Health and Human Services and U.S. Department of Agriculture. 2015–2020 Dietary Guidelines for Americans 8th Edition. Washington, DC; HHS and USDA, 2015. 3 Lancet Diabetes Endocrinol. 2014 Nov;2(11):867-74. doi: 10.1016/S2213-8587(14)70161-5. Epub 2014 Aug 12.
4 https://www.hsph.harvard.edu/nutritionsource/salt-and-sodium/ 5 https://www.cdc.gov/mmwr/volumes/67/ss/ss6705a1.htm
6 City of Berkeley. Health Status Report 2014. Berkeley, CA; 2014. 7 City of Berkeley. Health Status Report 2018. Berkeley, CA; 2018. 8 Satia, Jessie A. Diet-Related Disparities: Understanding the Problem and Accelerating Solutions. J. Am Diet Assoc. 2009 April.
9 Food Marketing Institute. The Power of Health and Well-Being in Food Retail. Arlington, VA: FMI; 2019. 10 International Food Information Council Foundation. 2019 Food & Health Survey. Washington, D.C.:

IFIC; 2019.
11 Barker D, Quinn C, Rimkus L, Zenk S, Chaloupka F. Availability of Healthy Food Products at Check-out Nationwide, 2010-2012. Chicago, IL: Bridging the Gap Program, Health Policy Center, Institute for Health Research and Policy, University of Illinois at Chicago; 2015. 12 The Center for Science in the Public Interest. Model Nutrition Standards for Checkout. https://cspinet.org/protecting-our-health/nutrition/model-nutrition-standards-checkout. 13 Center for Science in the Public Interest. Temptation at Checkout: The Power of Point-of-Sale Retail Food Marketing. Washington, D.C.: CSPI; 2015.
14 Kerr J, Sallis JF, Bromby E, Glanz K. Assessing Reliability and Validity of the GroPromo Audit Tool for Evaluation of Grocery Store Marketing and Promotional Environments. J Nutr Educ Behav. 2012;44(6):597-603. doi:10.1016/j.jneb.2012.04.017.
15 Horsley JA, Absalom KA, Akiens EM, Dunk RJ, Ferguson AM. The Proportion of Unhealthy Foodstuffs Children Are Exposed to at the Checkout of Convenience Supermarkets. Public Health Nutr. 2014;17(11):2453-2458.
16 Caravan ORC International. Checkout Polling: Online Survey of 1,024 adults. Princeton, NJ; 2016. 17 Mancino L, Guthrie J. Supermarkets, Schools, and Social Gatherings: Where Supplemental Nutrition Assistance Program and Other U.S. Households Acquire their Foods Correlates with Nutritional Quality.

Washington, DC: U.S. Department of Agriculture Economic Research Center; 2018. 18 U.S. Department of Agriculture Food and Nutrition Service. 2015 SNAP Retailer Management Year- End Summary. Washington, D.C.: USDA; 2015.
19 Poti JM, Slining MM, Popkin BM, Kenan WR. Where are kids getting their empty calories? Stores, schools, and fast food restaurants each play an important role in empty calorie intake among US children in 2009-2010. J Acad Nutr Diet. 2014;114(6):908-917. doi: 10.1016/j.jand.2013.08.012. 20 Cohen DA, Bogart L, Castro G, Rossi AD, Williamson S, Han B. Beverage marketing in retail outlets and The Balance Calories Initiative. Prev Med. 2018;115:1-7. 21 Fielding-Singh P, Almy J, Wootan MG. Sugar Overload: Retail Checkout Promotes Obesity.

Washington, DC: Center for Science in the Public Interest, 2014. 22 Winkler, Lise L, et al. Substituting Sugar Confectionary with Fruit and Healthy Snacks at Checkout – A Win-Win Strategy for Consumers and Food Stores? BMC Public Health. 2016